Gimbel v. United States et al

Filing 24

ORDER DISMISSING ACTION FOR FAILURE TO SERVE AND FAILURE TO PROSECUTE. Signed by Judge Alsup on July 24, 2012. (whalc1, COURT STAFF) (Filed on 7/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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Plaintiff,
v.
UNITED STATES OF AMERICA, U.S.
SECRET SERVICE, DEL NORTE
COUNTY, U.S. DISTRICT JUDGE
MARILYN HALL PATEL, and FEDERAL
BUREAU OF PRISONS,

ORDER DISMISSING ACTION
FOR FAILURE TO SERVE AND
FAILURE TO PROSECUTE

Defendants.
/

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No. C 11-05503 WHA

JOHN GIMBEL,

This Section 1983 and Bivens action was filed by pro se plaintiff John Gimbel almost a

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year ago in November 2011. After multiple reassignments, this action was reassigned to the

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undersigned judge in February 2012. Upon reassignment, it was discovered that Gimbel had not

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yet served his complaint on defendants within 120 days. However, because the summons issued

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to Gimbel may have improperly omitted defendants’ names and addresses, Gimbel was given

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another opportunity to serve defendants. This was communicated to Gimbel via two written

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orders (Dkt. Nos. 17, 18).

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Gimbel picked up the newly-issued summons on March 13, 2012. Now, 120 days have

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passed and Gimbel has still not filed proofs of service. Moreover, Gimbel has failed to appear at

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two properly-noticed case management conferences. Therefore, this action is DISMISSED

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WITHOUT PREJUDICE for failure to serve and failure to prosecute. The clerk shall close the file.

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IT IS SO ORDERED.
Dated: July 24, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE