Robinson v. Astrue

Filing 13

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE. Signed by Judge Claudia Wilken on 5/8/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 5/8/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 MARY CHARLES ROBINSON, 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, v. No. C 12-5668 CW ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE MICHAEL ASTRUE, Commissioner of Social Security, Defendant. ________________________________/ On November 5, 2012, Plaintiff Mary Charles Robinson initiated the instant case. On April 18, 2013, the Court issued an order noting that Plaintiff had not yet properly served Defendant Michael Astrue, Commissioner of Social Security, and that, pursuant to Federal Rule of Civil Procedure 4(m), she was required to serve him within 120 days of November 5, 2012, or by March 5, 2013. At that time, the Court extended the deadline for Plaintiff to serve Defendant properly until May 2, 2013 and required her to file proof of service upon Defendant or a motion to extend time for service by that date as well. The Court warned Plaintiff that failure to do so would result in dismissal of her case for failure to prosecute. 1 As of the date of this Order, Plaintiff has not filed proof 2 of service upon Defendant or a motion to extend time for service. 3 Accordingly, the Court DISMISSES this case for failure to 4 prosecute. 5 IT IS SO ORDERED. 6 7 8 Dated: 5/8/2013 CLAUDIA WILKEN United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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