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