Kriehn v. Department of Justice

Filing 8

ORDER DISMISSING CASE. Signed by Judge Lucy H. Koh on 3/20/2013. (lhklc3, COURT STAFF) (Filed on 3/20/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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JESS H. KRIEHN,

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Plaintiff,
v.
DEPARTMENT OF JUSTICE,
Defendant.

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Case No.: 5:12-CV-05611-LHK
ORDER DISMISSING CASE
WITHOUT PREJUDICE

Plaintiff Jess H. Kriehn filed the complaint in this action on November 1, 2012. ECF No. 1.

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Under Federal Rule of Civil Procedure 4(m) (“Rule 4(m)”), a plaintiff’s failure to serve the

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defendant within 120 days of filing the complaint is grounds for dismissal without prejudice absent

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a showing of good cause. See Fed. R. Civ. P. 4(m).

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In light of Plaintiff’s failure to serve the Defendant within 120 days as required by Rule

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4(m), on February 4, 2013, the Court ordered Plaintiff to show cause why this case should not be

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dismissed for failure to prosecute. ECF No. 5 (“OSC”). The Court ordered that Plaintiff file a

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response to the OSC by March 4, 2013. The Court set a hearing on the OSC for March 20, 2013, at

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2:00 p.m. The Court also advised Plaintiff that if Plaintiff failed to respond to the OSC and failed

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to appear at the March 20, 2013 hearing, Plaintiff’s case would be dismissed without prejudice for

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failure to comply with Rule 4(m).

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Case No.: 5:12-CV-05611-LHK
ORDER DISMISSING CASE WITHOUT PREJUDICE

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Plaintiff did not respond to the OSC. Plaintiff also did not appear at the March 20, 2013

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hearing. In light of Plaintiff’s failure to respond to the OSC and failure to appear at the OSC

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hearing, the Court hereby DISMISSES Plaintiff’s case without prejudice for failure to comply with

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Rule 4(m). The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: March 20, 2013

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United States District Court
For the Northern District of California

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Case No.: 5:12-CV-05611-LHK
ORDER DISMISSING CASE WITHOUT PREJUDICE

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LUCY H. KOH
United States District Judge