United States District Court, Central District of California
January 23, 2015
NATHAN J. COLODNEY
COUNTY OF RIVERSIDE
PRESENT: HONORABLE VIRGINIA A. PHILLIPS, U.S. DISTRICT JUDGE
ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE (IN CHAMBERS)
On September 23, 2014, Plaintiff Nathan J. Colodney ("Colodney") filed this action against Defendant County of Riverside ("Riverside County"). To date, however, Colodney has not filed a proof of service indicating that Riverside County was served with the complaint, nor has he submitted evidence to show efforts made to give notice or given a reason notice should not be required. Pursuant to Federal Rule of Civil Procedure ("FRCP") 4(m), a plaintiff must serve summons and complaint on all named defendants within 120 days of filing. When a plaintiff fails to prosecute the case, the court on its own motion may dismiss the case under FRCP 41(b). See Tolbert v. Leighton, 623 F.2d 585, 586-87 (9th Cir. 1980). Colodney has failed to prosecute this action, and thus it is subject to dismissal.
Accordingly, the Court ORDERS Colodney to show cause, in writing, not later than February 7, 2015, why this action should not be dismissed without prejudice for failure to prosecute. Failure to file a response will result in dismissal of this action.
IT IS SO ORDERED.