Richard Addison Steele II v. County of Riverside et al

Filing 8

MINUTE ORDER IN CHAMBERS: MINUTE ORDER DISMISSING ACTION FOR FAILURE TO SERVE AND FAILURE TO PROSECUTE (IN CHAMBERS) by Judge Virginia A. Phillips. (See document for specifics) (adu)

PRIORITY SEND
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -- GENERAL
Case No. EDCV 13-01594-VAP (OPx)

Date: May 28, 2014

Title:

RICHARD ADDISON STEELE II -v- COUNTY OF RIVERSIDE, A
PUBLIC ENTITY, et al.
===============================================================
PRESENT:
HONORABLE VIRGINIA A. PHILLIPS, U.S. DISTRICT JUDGE
Marva Dillard
Courtroom Deputy
ATTORNEYS PRESENT FOR
PLAINTIFFS:

None Present
Court Reporter
ATTORNEYS PRESENT FOR
DEFENDANTS:

None
PROCEEDINGS:

None
MINUTE ORDER DISMISSING ACTION FOR FAILURE TO
SERVE AND FAILURE TO PROSECUTE (IN CHAMBERS)

On May 23, 2014, the Court issued an Order to Show Cause re: Failure to
Prosecute, noting that Plaintiff had filed his Complaint on September 5, 2013, but
had failed to prosecute this action thereafter. On May 27, 2014, Plaintiff filed a
Response to the Order to Show Cause. (Doc. No. 7 ("Response").) In the
Response, Plaintiff explained that there was a parallel administrative action
pending,1 and that this lawsuit was filed in order to "preserve" Plaintiff's statutory and

1

One administrative hearing took place on February 4 and 5, 2014, and
another is scheduled to take place on October 21-23, 2014. (Response ¶ 9.)
MINUTES FORM 11
CIVIL -- GEN

Initials of Deputy Clerk ___md___
Page 1

EDCV 13-01594-VAP (OPx)
RICHARD ADDISON STEELE II v. COUNTY OF RIVERSIDE, A PUBLIC ENTITY, et al.
MINUTE ORDER of May 28, 2014

constructional rights. (Response ¶ 11.) Though Plaintiff has not served Defendants,
he has had discussions with Defense counsel about acceptance of service. (Id. ¶
14.)
Federal Rule of Civil Procedure 4(m) provides:
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. But if the plaintiff shows good
cause for the failure, the court must extend the time for service for an
appropriate period.
Fed. R. Civ. P. 4(m). Here, after review of the Response, the Court finds that
Plaintiff has not shown good cause for failing to serve the Defendants and generally
failing to prosecute this action. Accordingly, the Court DISMISSES this action
WITHOUT PREJUDICE.
IT IS SO ORDERED.

MINUTES FORM 11
CIVIL -- GEN

Initials of Deputy Clerk ___md___
Page 2