Carithers v. Schriver et al
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BIRON M. CARITHERS,
CASE NO. 19-cv-02676-YGR
ORDER DISMISSING ACTION FOR FAILURE
FRANCES EVELYN GENEVIEVE SCHRIVER,
United States District Court
Northern District of California
On May 17, 2019, plaintiff Biron M. Carithers, proceeding pro se, filed a complaint
against thirty-five (35) defendants. (Dkt. No. 1.) On August 19, 2019, the Court issued an order
reminding plaintiff that pursuant to Federal Rule of Civil Procedure 4(m), he must serve the
complaint in the above-referenced action within ninety (90) days of filing. (Dkt. No. 13.)
Therein, the Court instructed plaintiff to file, by no later than Friday, September 6, either (1) proof
of service(s); or (2) a written response to this order explaining his failure to comply with Rule
4(m). (Id.) The Court also informed plaintiff that failure to timely file will result in dismissal of
his complaint for failure to prosecute pursuant to Rule 4(m). (Id.)
As of the date of this Order, plaintiff has not filed proof of service or any written response
to the Court’s August 19, 2019 Order. Accordingly, the Court DISMISSES plaintiff’s action
without prejudice for failure to prosecute pursuant to Rule 4(m).
IT IS SO ORDERED.
Dated: October 9, 2019
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?