Rudder v. Yola, Inc. et al
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
WAYNE RUDDER D/B/A LOW INCOME
IMMIGRATION ASSISTANCE, INC.,
Case No.: 12-CV-02087 YGR
ORDER DISMISSING CASE FOR FAILURE TO
YOLA, INC. et al.,
United States District Court
Northern District of California
When a plaintiff is granted in forma pauperis status, the marshal will serve all documents
upon the defendants, including a copy of the summons and complaint. Plaintiff has not provided an
address for service on the Defendants. By Order issued September 27, 2012, Plaintiff was directed
to file, no later than October 26, 2012: (1) an address for each Defendant; or (2) a one-page
statement setting forth good cause why this action should not be dismissed for failure to serve.
Plaintiff did not file either document.
Plaintiff was warned that if the marshal is unable to effectuate service and the plaintiff is so
informed, the plaintiff must seek to remedy the situation or face dismissal of his claims for failure
to serve under Federal Rule of Civil Procedure 4(m). See Fed. R. Civ. P. 4(m) (if service of the
summons and complaint is not made within 120 days after the filing of the complaint, the action
must be dismissed without prejudice as to that defendant absent a showing of “good cause”).
Therefore, pursuant to Federal Rule of Civil Procedure 4(m), this action is DISMISSED
IT IS SO ORDERED.
Date: January 29, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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