Abner v. Hernandez

Filing 18

ORDER DISMISSING WITHOUT PREJUDICE FOR FAILURE TO SERVE. The Clerk is directed to close the file.. Signed by Judge Lucy H. Koh on 9/12/2013. (lhklc3, COURT STAFF) (Filed on 9/12/2013)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 BRIAN KEITH ABNER, 12 13 14 15 16 Plaintiff, v. FRANCISCO HERNANDEZ, SAN JOSE POLICE DEPARTMENT INTERNAL AFFAIRS, Defendants. ) ) ) ) ) ) ) ) ) ) Case No.: 5:13-CV-01121-LHK ORDER DISMISSING CASE WITHOUT PREJUDICE 17 Plaintiff Brian Keith Abner filed the original complaint in this action on February 28, 2013 18 in the Southern District of New York. ECF No. 1. The case was subsequently transferred to the 19 Northern District of California. ECF No. 6. Following transfer, Abner filed three amended 20 complaints (ECF Nos. 9, 10, 12), the most recent of which was filed on April 18, 2013. ECF No. 21 12. Abner did not serve the defendants within 120 days of his most recent amended complaint, as 22 required by Federal Rule of Civil Procedure 4(m). 23 A case management conference was held on June 19, 2013 at which Abner was ordered to 24 serve the defendants by August 15, 2013. ECF No. 14. As of September 12, 2013, the defendants 25 have still not been served. 26 Under Rule 4(m), a plaintiff’s failure to serve the defendant within 120 days of filing the 27 complaint is grounds for dismissal without prejudice absent a showing of good cause. See Fed. R. 28 Case No.: 5:13-CV-01121-LHK ORDER DISMISSING CASE WITHOUT PREJUDICE 1 Civ. P. 4(m). In light of Plaintiff’s failure to serve the defendants, either within 120 days of filing 2 the complaint or within the extended deadline set by the Court, the Court hereby DISMISSES 3 Plaintiff’s case without prejudice for failure to comply with Rule 4(m). The Clerk shall close the 4 file. 5 IT IS SO ORDERED. 6 7 Dated: September 12, 2013 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 5:13-CV-01121-LHK ORDER DISMISSING CASE WITHOUT PREJUDICE _________________________________ LUCY H. KOH United States District Judge