Chu v. Lee et al

Filing 11

ORDER Dismissing Case. Signed by Judge Phyllis J. Hamilton on 01/09/2017. (pjhlc2S, COURT STAFF) (Filed on 1/9/2017) (Additional attachment(s) added on 1/9/2017: # 1 Certificate/Proof of Service) (napS, COURT STAFF).

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JULIE LIO CHU, Case No. 16-cv-03670-PJH Plaintiff, 6 v. 7 ORDER OF DISMISSAL 8 ADAM DAVID LEE, et al., 9 Defendants. 10 United States District Court Northern District of California 11 12 Per the court’s prior orders, pro se plaintiff Julie Lio Chu was required to serve the 13 complaint and summons in this case upon the defendants, and file a proof of service with 14 the court no later than November 18, 2016. See Dkt. 8. Chu has not complied with this 15 order, and the deadline for service has long passed. Accordingly, the court hereby 16 DISMISSES the case for failure to comply with Federal Rule of Civil Procedure 4(m)’s 17 time limit for service. The court further DISMISSES the action with prejudice pursuant to 18 Federal Rule of Civil Procedure 41(b), for failure to prosecute and comply with the court’s 19 order. 20 In addition, dismissal of this action is appropriate pursuant to Civil Local Rule 3- 21 11(b). The docket indicates that mail sent to the plaintiff was returned on November 11, 22 2016, but the court has not received an updated address within 60 days. 23 24 IT IS SO ORDERED. Dated: January 9, 2017 25 26 27 28 __________________________________ PHYLLIS J. HAMILTON United States District Judge

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