Beckham v. Macado et al

Filing 62

ORDER signed by District Judge Edward F. Shea on 05/28/10 ORDERING that plf's 12 Complaint is DISMISSED w/ prejudice; all pending motions are DENIED as moot; Judgment is ENTERED in dfts' favor on all claims and Clerk shall close file. CASE CLOSED (Benson, A.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff Alan Beckham filed a Complaint alleging various v. AGENT BELL and AGENT DOE, Defendants. ALAN BECKHAM, Plaintiff, NO. CV-08-2550-EFS (PC) ORDER DISMISSING PLAINTIFF'S COMPLAINT WITH PREJUDICE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

constitutional violations under 42 U.S.C. § 1983. (Ct. Rec. 12.) The Court directed service of Plaintiff's Complaint on February 27, 2009. (Ct. Rec. 13.) Although service was accomplished on Defendant Mercado, the summons was returned unexecuted on Defendant Bell because Plaintiff did not provide a valid address. (Ct. Rec. 23.) On February 10, 2010, the Court dismissed Plaintiff's claims against Defendant Mercado with

prejudice and directed Plaintiff to submit two copies of the Complaint and a completed summons and U.S. Marshal form for each unserved Defendant within thirty days. (Ct. Rec. 57.) Plaintiff requested an extension of time to comply, and on March 5, 2010, the Court denied that request. (Ct. Rec. 61.) Because Plaintiff did not submit the required documents several months later, the Court dismisses this lawsuit with prejudice under Federal Rule of Civil Procedure 41 for failure to prosecute. ORDER * 1

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Accordingly, IT IS HEREBY ORDERED: 1. prejudice. 2. 3. 4. All pending motions are DENIED as moot. Judgment is ENTERED in Defendants' favor on all claims. The Clerk of the Court shall close this file. Plaintiff's Complaint (Ct. Rec. 12) is DISMISSED with

IT IS SO ORDERED. The District Court Executive is directed to enter this Order and provide a copy to Plaintiff and counsel. DATED this 28th day of May 2010.

S/ Edward F. Shea EDWARD F. SHEA United States District Judge
C:\WINDOWS\Temp\notes101AA1\ED.CA.08.2550.Dismiss.2.wpd

ORDER * 2