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ALFORD v. PAUL

United States District Court, N.D. California


June 23, 2004.

WILLIAM ALFORD, JR., Plaintiff.
v.
ART PAUL; PATRICK DWYER, Defendants.

The opinion of the court was delivered by: SUSAN ILLSTON, District Judge

JUDGMENT

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 Procedure.

 

IT IS SO ORDERED.
20040623

© 1992-2004 VersusLaw Inc.



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