Evans v. Commissioner of Social Security

Filing 7

ORDER signed by Magistrate Judge Dale A. Drozd on 8/3/2015 ORDERING that plaintiff's complaint is DISMISSED without prejudice for failure to prosecute and failure to comply with Rule 4(m). CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PARIS A. EVANS,

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Plaintiff,

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No. 2:14-cv-1695 DAD

v.

ORDER

CAROLYN W. COLVIN, Commissioner
of Social Security,

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Defendant.

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On October 16, 2014, the undersigned granted plaintiff’s motion to proceed in forma

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pauperis and ordered plaintiff to submit to the United States Marshal the documents necessary for

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service of process. (Dkt. No. 4.) Plaintiff was also ordered to file in this court a declaration

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stating the date on which the documents were submitted to the United States Marshal within five

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days after submitting those documents.
Plaintiff, however, has filed no proof of service of the complaint upon the defendant and

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the defendant has not appeared in this action. Accordingly, on April 24, 2015, plaintiff was

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ordered to show cause in writing within fourteen days as to why this case should not be dismissed

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for lack of prosecution. (Dkt. No. 6.) Plaintiff was cautioned that the failure to file a timely

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response would result in the dismissal of this action.

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/////
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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, over nine

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months have passed since service of process was ordered 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: August 3, 2015

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DAD:6
ddad1/orders.soc sec/evans1695.dlop.ord.docx

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