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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL BURNSIDE,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 20-cv-05547-JSC
ORDER DISMISSING ACTION
WITHOUT PREJUDICE

v.
DOES 1-25,
Defendant.

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Federal Rule of Civil Procedure 4(m) provides that “[i]f a defendant is not served within

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90 days after the complaint is filed, the court—on motion or on its own after notice to the

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plaintiff—must dismiss the action without prejudice against that defendant or order that service be

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made within a specified time.” Plaintiff filed this action on August 10, 2020. As of the February

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11, 2021 at the Initial Case Management Conference—more than five months after the complaint

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was filed—Plaintiff had not identified, let alone served, any defendant. Accordingly, the Court

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ordered that unless Plaintiff filed an amended complaint by March 29, 2021 to name a defendant

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the action would be dismissed without prejudice given Plaintiff’s failure to identify and serve any

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defendant. (Dkt. No. 11.) To date, Plaintiff has not filed an amended complaint. Accordingly,

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the action is DISMISSED without prejudice. See Fed. R. Civ. P. 41(b).

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IT IS SO ORDERED.
Dated: March 31, 2021

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge