UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
December 17, 2009
AZHAR ISKANDER, PLAINTIFF,
ERIC H. HOLDER, UNITED STATES ATTORNEY GENERAL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hayes, Judge
On June 17, 2009, Plaintiff initiated this action by filing a Petition for Writ of Mandamus ("Petition"). (Doc. # 1). On June 25, 2009, the Clerk of the Court issued the summons. (Doc. # 2). No proof of service of the Petition and summons has been filed in this action. 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 120 days, the court may dismiss the action without prejudice after notice to the plaintiff. See id.
On October 27, 2009, the Court issued an Order to Show Cause, which stated: This Order constitutes notice to Plaintiff that the Court will dismiss this action without prejudice on November 30, 2009, unless, no later than that date, Plaintiff files either: (1) proof that service of the summons and Petition was timely effectuated, or (2) a declaration under penalty of perjury showing good cause for failure to timely serve the Defendants, accompanied by a motion for leave to serve process outside of the 120 day period. (Doc. # 3). The docket reflects no case activity since the issuance of the Order to Show Cause.
IT IS HEREBY ORDERED that, pursuant to Rule 4(m), this action is DISMISSED WITHOUT PREJUDICE.
WILLIAM Q. HAYES United States District Judge
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