United States District Court, N.D. California, San Jose Division
July 15, 2015
ROBERT ALEXANDER, Plaintiff,
UNITED STATES OF AMERICA, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; DISMISSING CASE WITHOUT PREJUDICE [Re: ECF 15]
BETH LABSON FREEMAN, District Judge.
Before the Court is Magistrate Judge Howard R. Lloyd's "Report and Recommendation re Dismissal Without Prejudice, " filed June 23, 2015, by which he recommends that the Court dismiss pro se plaintiff Robert Alexander's case without prejudice for failure to comply with Federal Rule of Procedure 4(m) and failure to respond to Judge Lloyd's Order to Show Cause. ECF 15. The time for objecting to the Report and Recommendation has elapsed, and no objections were filed. Fed.R.Civ.P. 72(b)(2).
Having read and considered the Report and Recommendation, as well as the record on its face, the Court finds it well-founded in fact and in law and therefore adopts the Report and Recommendation in every respect. This case is HEREBY DISMISSED without prejudice. The Clerk of the Court shall close the case file.
IT IS SO ORDERED.
Robert Alexander filed this action on November 21, 2014. Dkt. No. 1. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, Plaintiff had until March 21, 2015 to serve Defendant. Plaintiff failed to do so. The court issued an order to show cause why this case should not be dismissed for failure to prosecute, which was set for a hearing on June 23, 2015. Plaintiff did not appear at the hearing, nor did he file a statement in response to the order to show cause. Accordingly, dismissal of this action without prejudice is appropriate.
Because the parties have yet to consent to the undersigned's jurisdiction, this court ORDERS the Clerk of the Court to reassign this case to a District Judge. The undersigned further RECOMMENDS that the newly assigned judge dismiss this action without prejudice. Any party may serve and file objections to this Report and Recommendation within fourteen days after being served. Fed.R.Civ.P. 72.
IT IS SO ORDERED.