Burnside v. Does 1-25

Filing 12

ORDER DISMISSING ACTION WITHOUT PREJUDICE. Signed by Magistrate Judge Jacqueline Scott Corley on 3/31/2021. (ahm, COURT STAFF) (Filed on 3/31/2021)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PAUL BURNSIDE, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 20-cv-05547-JSC ORDER DISMISSING ACTION WITHOUT PREJUDICE v. DOES 1-25, Defendant. 12 13 Federal Rule of Civil Procedure 4(m) provides that “[i]f a defendant is not served within 14 90 days after the complaint is filed, the court—on motion or on its own after notice to the 15 plaintiff—must dismiss the action without prejudice against that defendant or order that service be 16 made within a specified time.” Plaintiff filed this action on August 10, 2020. As of the February 17 11, 2021 at the Initial Case Management Conference—more than five months after the complaint 18 was filed—Plaintiff had not identified, let alone served, any defendant. Accordingly, the Court 19 ordered that unless Plaintiff filed an amended complaint by March 29, 2021 to name a defendant 20 the action would be dismissed without prejudice given Plaintiff’s failure to identify and serve any 21 defendant. (Dkt. No. 11.) To date, Plaintiff has not filed an amended complaint. Accordingly, 22 the action is DISMISSED without prejudice. See Fed. R. Civ. P. 41(b). 23 24 IT IS SO ORDERED. Dated: March 31, 2021 25 26 27 28 JACQUELINE SCOTT CORLEY United States Magistrate Judge

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