Gautam v. Marfia

Filing 9

ORDER DISMISSING CASE. Signed by Judge Lucy H. Koh on 3/23/2011. (Attachments: # 1 Certificate of Mailing)(lhklc2, COURT STAFF) (Filed on 3/23/2011)

Download PDF
Gautam v. Marfia Doc. 9 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Case No.: 09-CV-05088-LHK ORDER DISMISSING CASE Dockets.Justia.com UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION GAGAN GAUTAM, Plaintiff, v. OFFICER J. MARFIA, Defendant. ) ) ) ) ) ) ) ) ) ) Case No.: 9-CV-05088-LHK ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE FOR FAILURE TO PROSECUTE The complaint in this action was filed on October 26, 2009. Pursuant to Federal Rule of Civil Procedure 4(m), the deadline for service was 120 days from the date of filing, or April 23, 2010. To date, Plaintiff has not filed proof of service. On February 8, 2011, Judge Grewal (to whom this case was previously assigned) ordered the Plaintiff to show cause why the case should not be dismissed for failure to prosecute by February 27, 2011. As of today's date, Plaintiff has not responded to the Order to Show Cause. This case was reassigned to the undersigned Judge on March 14, 2011. In the Reassignment Order, Judge Grewal recommends that the case be dismissed for failure to prosecute. The Court agrees. Accordingly, this case is hereby DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 4(m). The Clerk shall close the file. 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: March 23, 2011 _________________________________ LUCY H. KOH United States District Judge 2 Case No.: 09-CV-05088-LHK ORDER DISMISSING CASE

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?