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Gagan Gautam v. Officer J. Marfia

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 23, 2011

GAGAN GAUTAM,
PLAINTIFF,
v.
OFFICER J. MARFIA,
DEFENDANT.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE FOR FAILURE TO PROSECUTE

The complaint in this action was filed on October 26, 2009. Pursuant to Federal Rule of Civil Procedure 4(m), the deadline for service was 120 days from the date of filing, or April 23, 2010. To date, Plaintiff has not filed proof of service.

On February 8, 2011, Judge Grewal (to whom this case was previously assigned) ordered the Plaintiff to show cause why the case should not be dismissed for failure to prosecute by February 27, 2011. As of today's date, Plaintiff has not responded to the Order to Show Cause.

This case was reassigned to the undersigned Judge on March 14, 2011. In the Reassignment Order, Judge Grewal recommends that the case be dismissed for failure to prosecute.

The Court agrees. Accordingly, this case is hereby DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 4(m). The Clerk shall close the file.

IT IS SO ORDERED.

United States District Court For the Northern District of California

20110323

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