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Clifford v. Zucchet

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 6, 2006

CHRISTOPHER P. CLIFFORD, PLAINTIFF,
v.
MICHAEL ZUCCHET ET AL, DEFENDANT.

The opinion of the court was delivered by: William Q. Hayes United States District Judge

ORDER

On November 8, 2005, Plaintiff filed his Complaint in the instant matter. No proof of service has been filed, nor does the docket reflect any case activity since that time. Federal Rule of Civil Procedure 4 requires that a summons and complaint be served "within 120 days after the filing of the complaint." Fed. R. Civ. P. 4(m). If a plaintiff fails to serve the summons and complaint within that time limit, the court may dismiss the action without prejudice after notice to the plaintiff. Id.

On June 14, 2006, the Court issued an order providing Plaintiff with notice that the Court would dismiss this action without prejudice on or after July 17, 2006, unless, no later than that date, Plaintiff filed (1) a proof of service of summons and complaint or (2) a declaration under penalty of perjury showing good cause for failure to timely serve Defendant with the summons and complaint. Plaintiff failed to comply. Therefore, this action is DISMISSED without prejudice.

IT IS SO ORDERED.

20061206

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