Nathan J Colodney v. County of Riverside

Filing 8

MINUTE ORDER IN CHAMBERS ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTION by Judge Virginia A. Phillips.( Response to Order to Show Cause due by 2/7/2015.) (mrgo)

PRIORITY SEND
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -- GENERAL
Case No. EDCV 14-01974-VAP (SPx)

Date: January 23, 2015

Title:
NATHAN J. COLODNEY -v- COUNTY OF RIVERSIDE
===============================================================
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
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.

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EDCV 14-01974-VAP (SPx)
NATHAN J. COLODNEY v. COUNTY OF RIVERSIDE
MINUTE ORDER of January 23, 2015

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.

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