Chandar v. Commissioner of Social Security et al
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 2/26/14 ORDERING that plaintiff's complaint is dismissed without prejudice for failure to prosecute and failure to comply with Rule 4(m). CASE CLOSED(Kastilahn, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAYA RAM CHANDAR,
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Plaintiff,
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v.
No. 2:13-cv-0811 DAD
ORDER
CAROLYN W. COLVIN, Commissioner
of Social Security,
Defendant.
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On April 25, 2013, plaintiff, proceeding pro se, commenced this action by filing a
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complaint and paying the required filing fee. Plaintiff, however, has filed no proof of service of
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the complaint upon the defendant and the defendant has not appeared in this action. Accordingly,
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on September 30, 2013, plaintiff was ordered to show cause in writing within fourteen days as to
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why this case should not be dismissed for lack of prosecution. (Dkt. No. 5.) Plaintiff was
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cautioned that the failure to file a timely response would result in the dismissal of this action.
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On October 17, 2013, plaintiff’s copy of the court’s September 30, 2013 order was
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returned by the postal service as undeliverable and unable to be forwarded. On December 6,
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2013, however, plaintiff filed a notice of change of address with the court. (Dkt. No. 6.)
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Accordingly, on January 24, 2013, the court re-served the order to show cause on plaintiff at the
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newly provided address of record. (Dkt. No. 7.)
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The fourteen-day period provided by the order for plaintiff to show cause as to why this
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action should not be dismissed for failure to prosecute has expired and plaintiff has not responded
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to the court’s order in any way. Moreover, Rule 4(m) of the Federal Rules of Civil Procedure
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provides that a defendant must be dismissed if service of the summons and complaint is not
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accomplished on the defendant within 120 days after the complaint was filed. Here, nearly a year
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has passed since plaintiff filed the complaint in this action and it appears that no defendant has
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been served.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s complaint is dismissed without
prejudice for failure to prosecute and failure to comply with Rule 4(m).
Dated: February 26, 2014
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DAD:6
ddad1/orders.soc sec/chandar0811.dlop.ord.docx
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