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Walter E. Floyd v. Federal Bureau of Prisons

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 8, 2011

WALTER E. FLOYD
v.
FEDERAL BUREAU OF PRISONS, ET AL.

The opinion of the court was delivered by: Present: The Honorable Philip S. Gutierrez, United States District Judge

CIVIL MINUTES - GENERAL

JS-6

Wendy K. Hernandez Not Present n/a Deputy Clerk Court Reporter Tape No.

Attorneys Present for Plaintiff(s): Attorneys Present for Defendant(s): Not Present Not Present

Proceedings: (In Chambers) Order dismissing action without prejudice as to all Defendants for failure to prosecute pursuant to Federal Rule of Civil Procedure 4(m)

On February 5, 2011, Plaintiff Walter E. Floyd ("Plaintiff") filed this action against Defendants Federal Bureau of Prisons, Joseph K. Woodring, one "Lieutenant Broadhead," and Dr. Evelyn Castro. See Dkt. # 1 (Feb. 5, 2011). Plaintiff filed an Amended Complaint on April 28, 2011. See Dkt. # 2 (Apr. 28, 2011). On September 23, 2011, this Court issued an Order to Show Cause why the action should not be dismissed for lack of prosecution pursuant to Federal Rule of Civil Procedure 4(m). Plaintiff was ordered to file Proofs of Service of Summons and Complaint as to all defendants by October 7, 2011. See Dkt. # 18 (Sept. 23, 2011). Plaintiff was advised that failure to respond to the Order to Show Cause could result in dismissal of the action.

Upon review of the docket, it does not appear that Plaintiff filed the requested Proofs of Service as to any Defendant, or that Plaintiff otherwise timely served Defendants within 120 days of filing his Complaint as required by Federal Rule of Civil Procedure 4(m). See Fed. R. Civ. P. 4(m) ("If a defendant is not served within 120 days after the complaint is filed, the court -on motion or on its own after notice to the plaintiff - must dismiss the action without prejudice against that defendant or order that service be made within a specified time."). The Court therefore dismisses the action without prejudice as to all Defendants.

IT IS SO ORDERED.

20111108

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