Gavaldon v. Lewis et al

Filing 8

ORDER DISMISSING CASE WITHOUT PREJUDICE, ***Civil Case Terminated.. Signed by Judge Yvonne Gonzalez Rogers on 5/25/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 5/25/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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ORDER OF DISMISSAL WITHOUT
PREJUDICE

vs.
G. D. LEWIS, et al.,
Defendants.

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United States District Court
For the Northern District of California

No. C 11-03920 YGR (PR)

DAVID GAVALDON,

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On August 10, 2011, Plaintiff, a state prisoner, filed the present pro se prisoner complaint

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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 April 20, 2012, 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. (Apr. 20, 2012

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Order at 1-2.) The Court instructed Plaintiff to file proof that he served the named Defendants

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within thirty days from the date of the Order. (Id.)

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More than thirty days have passed, and Plaintiff has neither provided the Court with proof of

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

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the complaint should not be dismissed without prejudice for failure of service. Accordingly, all

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claims against all unserved named Defendants are DISMISSED without prejudice under Rule 4(m).
As no Defendants remain in this case, Plaintiff's entire action is also hereby DISMISSED without

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prejudice. The Clerk of the Court shall enter judgment, terminate all pending motions, and close the

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file.

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IT IS SO ORDERED.
DATED: May 25, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
For the Northern District of California

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G:\PRO-SE\YGR\CR.11\Gavaldon3920.DISM4(m).frm

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