Serpa v. John Doe #1

Summary

The United States Magistrate Judge recommends dismissing Jesse Serpa’s 42 U.S.C. § 1983 action without prejudice because he failed to identify and serve the John Doe defendant, comply with court orders, and prosecute the case. The action concerns alleged sexual assault under the Eighth Amendment and an unreasonable search under the Fourth Amendment. The document also orders assignment of a district judge and provides 30 days for objections.

Holdings

1. Where an in forma pauperis plaintiff fails to provide the United States Marshal with accurate and sufficient information to effect service, and fails to serve the defendant within the period required by Federal Rule of Civil Procedure 4(m), dismissal of the unserved defendant without prejudice is appropriate.
2. Dismissal without prejudice is appropriate when, after weighing the applicable factors, a plaintiff's failure to prosecute and failure to comply with court orders materially delay the case and no satisfactory lesser sanction is available.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 4(m) because Plaintiff failed to identify and serve John Doe #1.
2. Whether the action should be dismissed without prejudice for failure to prosecute and failure to comply with court orders.
3. Whether the court should assign a district judge to the case.

Disposition

other