Branch v. Ayers et al

Filing 11

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 3/29/12. (lrc, COURT STAFF) (Filed on 3/30/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LOUIS BRANCH,

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Plaintiff,

ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
WARDEN AYERS, et al.,

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Defendants.

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No. C 11-01977 SBA (PR)

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On April 22, 2011, Plaintiff, a state prisoner, filed the present pro se prisoner complaint

United States District Court
For the Northern District of California

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under 42 U.S.C. § 1983. He has paid the full filing fee. To date, he has not served any of the named

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Defendants. Pursuant to Federal Rule of Civil Procedure 4(m), if a complaint is not served within

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120 days from the filing of the complaint, it may be dismissed without prejudice for failure of

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service.

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On September 16, 2011, the Court issued an "Order to Show Cause Why Claims Against

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Unserved Defendants Should Not Be Dismissed." The Court directed Plaintiff, who, as mentioned

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above, paid the filing fee in this matter, to either provide the Court with proof of service of the

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summons and complaint upon the named Defendants against whom he alleges his claims, or

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otherwise show cause why the complaint should not be dismissed without prejudice as to each

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unserved Defendant pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. (Sept. 16, 2011

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Order at 1-2.)

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Plaintiff has sought and received two extensions of time in which to respond to the Court's

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September 16, 2011 Order. In an Order dated November 15, 2011, the Court granted Plaintiff's first

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request for an extension of time. In an Order dated January 23, 2012, the Court granted Plaintiff's

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second request for an extension of time. The Court's January 23, 2012 Order extended the time for

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compliance to March 16, 2012, and instructed Plaintiff that his failure to comply with the new

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deadline would result in the dismissal of all claims against any unserved named Defendants. (Jan.

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23, 2012 Order at 1.)

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G:\PRO-SE\SBA\CR.11\Branch1977.DISM(4m).wpd

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The March 16, 2012 deadline has passed, and Plaintiff has neither provided the Court with

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proof of service of the summons and complaint upon the named Defendants, or otherwise shown

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cause why the complaint should not be dismissed without prejudice for failure of service.

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Accordingly, all claims against all unserved named Defendants are DISMISSED without prejudice

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under Rule 4(m). As no Defendants remain in this case, Plaintiff's entire action is also hereby

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DISMISSED without prejudice.

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The Court has rendered its final decision on this matter, therefore, this Order TERMINATES
Plaintiff's case.
IT IS SO ORDERED.

United States District Court
For the Northern District of California

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DATED: 3/29/12
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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LOUIS BRANCH,

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United States District Court
For the Northern District of California

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Case Number: CV11-01977 SBA

Plaintiff,

CERTIFICATE OF SERVICE

v.
AYERS et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on March 30, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Louis Branch B-17786
California State Prison - Solano
P.O. Box 4000
Vacaville, CA 95696-4000

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Dated: March 30, 2012

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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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