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)

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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

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