United States District Court, Northern District of California
May 29, 2003
TONI D. LEVINGSTON, PLAINTIFF,
STEVEN CAMBRA; ET AL., DEFENDANTS.
The opinion of the court was delivered by: Thelton E. Henderson, United States District Judge
Plaintiff was ordered to provide a current address by May 1, 2003 for defendant Dr. Charles Wilson so that he could be served with the summons and complaint in this action. Plaintiff was cautioned that if he did not provide an address by the deadline or if the Marshal was unable to serve Wilson at an address provided, Wilson would be dismissed from this action. Plaintiff did not respond to the court's order and the deadline by which to do so has passed. Accordingly, defendant Dr. Charles Wilson is dismissed from this action because he was not served within the time limits in Federal Rule of Civil Procedure 4(m).
In light of the dismissal of Dr. Wilson and the court's earlier order granting summary judgment in favor of the only other defendant in this action judgment will now be entered.
IT IS SO ORDERED.
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