Carithers v. Schriver et al

Filing 14

ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE. Signed by Judge Yvonne Gonzalez Rogers on 10/9/2019. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 10/9/2019)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6

BIRON M. CARITHERS,
Plaintiff,

7
8
9
10

CASE NO. 19-cv-02676-YGR
ORDER DISMISSING ACTION FOR FAILURE
TO PROSECUTE

vs.
FRANCES EVELYN GENEVIEVE SCHRIVER,
ET AL.,
Defendants.

United States District Court
Northern District of California

11
12

On May 17, 2019, plaintiff Biron M. Carithers, proceeding pro se, filed a complaint

13

against thirty-five (35) defendants. (Dkt. No. 1.) On August 19, 2019, the Court issued an order

14

reminding plaintiff that pursuant to Federal Rule of Civil Procedure 4(m), he must serve the

15

complaint in the above-referenced action within ninety (90) days of filing. (Dkt. No. 13.)

16

Therein, the Court instructed plaintiff to file, by no later than Friday, September 6, either (1) proof

17

of service(s); or (2) a written response to this order explaining his failure to comply with Rule

18

4(m). (Id.) The Court also informed plaintiff that failure to timely file will result in dismissal of

19

his complaint for failure to prosecute pursuant to Rule 4(m). (Id.)

20

As of the date of this Order, plaintiff has not filed proof of service or any written response

21

to the Court’s August 19, 2019 Order. Accordingly, the Court DISMISSES plaintiff’s action

22

without prejudice for failure to prosecute pursuant to Rule 4(m).

23

IT IS SO ORDERED.

24
25
26
27
28

Dated: October 9, 2019
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE