Miles v. Lassen County et al
ORDER signed by District Judge Troy L. Nunley on 1/19/17 ORDERING for the above state reasons, the Court hereby ORDERS the case CLOSED. The Clerk of the Court is directed to close the case. CASE CLOSED. (Becknal, R)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
LASSEN COUNTY, et al.,
Plaintiff Georgia Miles (“Plaintiff”) commenced this action on November 17, 2015.
(Compl., ECF No. 1.) On August 8, 2016, the Court issued an Order to Show Cause as to why
the complaint should not be dismissed for failure to prosecute the case due to Plaintiff’s failure to
complete service of process on Defendants. (ECF No. 8.) Counsel for Plaintiff filed a response
to the Order to Show Cause explaining that Counsel would like to withdraw from the case. (ECF
No. 9.) The Court issued a minute order asking Counsel to file a motion to withdraw within 30
days. (ECF No. 10.) The Court granted Counsel’s motion to withdraw and asked Counsel to
notify the court of Plaintiff’s current address. (ECF No. 12.) Counsel provided the Court with a
potential address for Plaintiff on November 21, 2016. (ECF No. 13.) On November 22, 2016, the
Court issued a Minute Order ordering Plaintiff to serve Defendants with the Complaint within
thirty (30) days of the order. (ECF No. 14.) The Court attempted to serve Plaintiff by mail at the
address provided by Counsel, but the mail was returned as undeliverable on December 2, 2016.
Subsequently, Counsel sent an email to the Court on December 8, 2016, notifying it of a new
address for Plaintiff. (ECF No. 15.) The Minute Order was re-served by mail to Plaintiff at the
new address and has not been returned. To date Plaintiff has not served Defendants with the
Federal Rule of Civil Procedure 4(m) allows a party 90 days from the filing of the
complaint to serve Defendants. The Court has allowed Plaintiff over a year from her November
17, 2015, filing to serve Defendants − well past the 90 days provided by the federal rules. The
Court on its own motion gave Plaintiff thirty days to serve Defendants and Plaintiff to comply
with the Court order. In an abundance of caution, the Court took steps to ensure that Plaintiff
receives the Court’s orders and Court information, even going so far as to ask Plaintiff’s previous
counsel for a current address to serve Plaintiff and re-serving Plaintiff when a new address was
provided to the Court. The Court finds that it has granted Plaintiff every opportunity to serve
Defendants with the Complaint. Yet, Plaintiff has failed to do so. For the above state reasons,
the Court hereby ORDERS the case CLOSED. The Clerk of the Court is directed to close the
IT IS SO ORDERED.
Dated: January 19, 2017
Troy L. Nunley
United States District Judge
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