Abner v. Hernandez

Filing 18

ORDER DISMISSING WITHOUT PREJUDICE FOR FAILURE TO SERVE. The Clerk is directed to close the file.. Signed by Judge Lucy H. Koh on 9/12/2013. (lhklc3, COURT STAFF) (Filed on 9/12/2013)

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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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BRIAN KEITH ABNER,

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Plaintiff,
v.
FRANCISCO HERNANDEZ, SAN JOSE
POLICE DEPARTMENT INTERNAL
AFFAIRS,
Defendants.

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Case No.: 5:13-CV-01121-LHK
ORDER DISMISSING CASE
WITHOUT PREJUDICE

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Plaintiff Brian Keith Abner filed the original complaint in this action on February 28, 2013
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in the Southern District of New York. ECF No. 1. The case was subsequently transferred to the
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Northern District of California. ECF No. 6. Following transfer, Abner filed three amended
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complaints (ECF Nos. 9, 10, 12), the most recent of which was filed on April 18, 2013. ECF No.
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12. Abner did not serve the defendants within 120 days of his most recent amended complaint, as
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required by Federal Rule of Civil Procedure 4(m).
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A case management conference was held on June 19, 2013 at which Abner was ordered to
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serve the defendants by August 15, 2013. ECF No. 14. As of September 12, 2013, the defendants
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have still not been served.
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Under Rule 4(m), a plaintiff’s failure to serve the defendant within 120 days of filing the
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complaint is grounds for dismissal without prejudice absent a showing of good cause. See Fed. R.
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Case No.: 5:13-CV-01121-LHK
ORDER DISMISSING CASE WITHOUT PREJUDICE

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Civ. P. 4(m). In light of Plaintiff’s failure to serve the defendants, either within 120 days of filing

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the complaint or within the extended deadline set by the Court, the Court hereby DISMISSES

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Plaintiff’s case without prejudice for failure to comply with Rule 4(m). The Clerk shall close the

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file.

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IT IS SO ORDERED.

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Dated: September 12, 2013

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United States District Court
For the Northern District of California

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Case No.: 5:13-CV-01121-LHK
ORDER DISMISSING CASE WITHOUT PREJUDICE

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LUCY H. KOH
United States District Judge