United States District Court, N.D. California
June 23, 2004.
WILLIAM ALFORD, JR., Plaintiff.
ART PAUL; PATRICK DWYER, Defendants.
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
This action is dismissed because plaintiff failed to timely
serve the summons and complaint on defendants in compliance with
Rule 4 of the Federal Rules of Civil Procedure.
IT IS SO ORDERED AND ADJUDGED. ORDER OF DISMISSAL
Plaintiff filed this action pro se. His in forma pauperis
application was denied in a February 3, 2004 Order. In that same
order, the court reminded plaintiff that it was his obligation to
serve a summons and complaint on each of the defendants in
accordance with Rule 4 of the Federal Rules of Civil Procedure.
Recognizing that plaintiff may not have served process in
anticipation of a favorable ruling on the in forma pauperis
application, the court gave him extra time to serve process. The
court ordered plaintiff to "serve process on defendants within
four months of the date of this order [i.e., February 3, 2004] or
show cause for his failure to do so; if he does neither, the
action will be dismissed." The four month deadline passed on June
4, 2004 and plaintiff has not served process or shown cause for
his failure to do so. Accordingly, this action is dismissed for
failure to timely serve the summons and complaint on defendants
in compliance with Rule 4 of the Federal Rules of Civil
IT IS SO ORDERED.
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