Rudder v. Yola, Inc. et al

Filing 13

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE, ***Civil Case Terminated. Signed by Judge Yvonne Gonzalez Rogers on 1/29/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/29/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WAYNE RUDDER D/B/A LOW INCOME
IMMIGRATION ASSISTANCE, INC.,
Plaintiff,

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Case No.: 12-CV-02087 YGR
ORDER DISMISSING CASE FOR FAILURE TO
PROSECUTE

vs.
YOLA, INC. et al.,

United States District Court
Northern District of California

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Defendant(s).
When a plaintiff is granted in forma pauperis status, the marshal will serve all documents

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upon the defendants, including a copy of the summons and complaint. Plaintiff has not provided an

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address for service on the Defendants. By Order issued September 27, 2012, Plaintiff was directed

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to file, no later than October 26, 2012: (1) an address for each Defendant; or (2) a one-page

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statement setting forth good cause why this action should not be dismissed for failure to serve.

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Plaintiff did not file either document.

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Plaintiff was warned that if the marshal is unable to effectuate service and the plaintiff is so

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informed, the plaintiff must seek to remedy the situation or face dismissal of his claims for failure

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to serve under Federal Rule of Civil Procedure 4(m). See Fed. R. Civ. P. 4(m) (if service of the

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summons and complaint is not made within 120 days after the filing of the complaint, the action

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must be dismissed without prejudice as to that defendant absent a showing of “good cause”).

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Therefore, pursuant to Federal Rule of Civil Procedure 4(m), this action is DISMISSED

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WITHOUT PREJUDICE.

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IT IS SO ORDERED.
Date: January 29, 2013

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_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE