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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 WAYNE RUDDER D/B/A LOW INCOME IMMIGRATION ASSISTANCE, INC., Plaintiff, 8 9 10 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 11 12 13 Defendant(s). When a plaintiff is granted in forma pauperis status, the marshal will serve all documents 14 upon the defendants, including a copy of the summons and complaint. Plaintiff has not provided an 15 address for service on the Defendants. By Order issued September 27, 2012, Plaintiff was directed 16 to file, no later than October 26, 2012: (1) an address for each Defendant; or (2) a one-page 17 statement setting forth good cause why this action should not be dismissed for failure to serve. 18 Plaintiff did not file either document. 19 Plaintiff was warned that if the marshal is unable to effectuate service and the plaintiff is so 20 informed, the plaintiff must seek to remedy the situation or face dismissal of his claims for failure 21 to serve under Federal Rule of Civil Procedure 4(m). See Fed. R. Civ. P. 4(m) (if service of the 22 summons and complaint is not made within 120 days after the filing of the complaint, the action 23 must be dismissed without prejudice as to that defendant absent a showing of “good cause”). 24 Therefore, pursuant to Federal Rule of Civil Procedure 4(m), this action is DISMISSED 25 WITHOUT PREJUDICE. 26 IT IS SO ORDERED. Date: January 29, 2013 27 28 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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