SaaHdi Abdul Coleman v. California Department of Corrections and Rehabilitation

Summary

The document contains findings and recommendations in a prisoner civil rights action under 42 U.S.C. § 1983. The magistrate judge recommends dismissing the claims against defendant Tyler without prejudice under Federal Rule of Civil Procedure 41(b) because repeated attempts to obtain service information were unsuccessful and the plaintiff failed to respond to the court’s latest order. The plaintiff was advised of the opportunity to file objections within fourteen days.

Holdings

1. The magistrate judge recommended that plaintiff's claims against defendant Tyler be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because plaintiff failed to provide updated information necessary for service and failed to respond to the court's order.
2. The court advised that failure to file objections within fourteen days may waive the right to appeal the district court's order.

Questions Presented

1. Whether plaintiff's claims against defendant Tyler should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) after repeated unsuccessful attempts at service and plaintiff's failure to comply with an order requiring information needed for service.

Disposition

other