Rosenbalm v. Foulk

Filing 42

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 11/18/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 11/18/2011)

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*E-Filed 11/18/11*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

United States District Court
For the Northern District of California

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ORDER OF DISMISSAL

Plaintiff,

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No. C 10-0071 RS (PR)

VINCENT LEE ROSENBALM,

v.
EDWARD FOULK,
Defendant.
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This is a federal civil rights action filed by a pro se state prisoner pursuant to 42

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U.S.C. § 1983. Despite clear instructions from this Court, plaintiff has failed to effect proper

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service. Specifically, plaintiff has attempted to serve defendant personally via the mail.

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Under both state and federal rules of service, a party to the action is not authorized to serve

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process. See Fed. R. Civ. Proc. (“FRCP”) 4(c); Cal. Code of Civ. Proc. § 414.10.

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Accordingly, the action is DISMISSED WITH PREJUDICE for failure to comply with this

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Court’s order, and for failure to prosecute under FRCP 41(b). The Clerk shall enter

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judgment in favor of defendant, and close the file.

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IT IS SO ORDERED.

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DATED: November 18, 2011

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RICHARD SEEBORG
United States District Judge

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No. C 10-0071 RS (PR)
ORDER DISMISSING ACTION