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STOKES v. INTERNAL REVENUE SERVICE

United States District Court, N.D. California


May 27, 2004.

GARY J. STOKES, Plaintiff, V. INTERNAL REVENUE SERVICE, Defendant

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER DISMISSING ACTION, WITHOUT PREJUDICE

On April 26, 2004, the Court issued an order to show cause why this action should not be dismissed for failure to prosecute, due to plaintiff's failure to appear at the April 23, 2004 case management conference, and ordered him to file a response to the order to show cause no later than May 7, 2004. The Court ordered that if plaintiff failed to file a timely response to the order to show cause, the Court would dismiss the action, without prejudice, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

The Court also noted that plaintiff had not filed proof of service of the summons and complaint, and ordered plaintiff to do so no later than May 24, 2004. The Court ordered that if plaintiff failed to timely file proof of service, the Court would dismiss the action, without prejudice, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.

  To date, plaintiff has neither filed a response to the order to show cause, nor filed proof of service. Accordingly, the above-titled action is hereby DISMISSED, without prejudice, pursuant to Rules 41(b) and 4(m) of the Federal Rules of Civil Procedure.

  The Clerk shall close the file.

  IT IS SO ORDERED.

  JUDGMENT IN A CIVIL CASE

  [] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

  [] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

  IT IS ORDERED AND ADJUDGED the above-titled action is hereby DISMISSED, without prejudice, pursuant to Rules 41(5) and 4(m) of the Federal Rules of Civil Procedure.

20040527

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