Boldman v. City of San Diego et al

Filing 3

ORDER: The above-captioned action is dismissed without prejudice. Signed by Judge William Q. Hayes on 5/4/2009. (mdc)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HAYES, Judge: On August 18, 2008, Plaintiff filed the Complaint (Doc. # 1). On February 18, 2009, this Court issued an Order (Doc. # 2) which states: This Order constitutes notice to Plaintiff that the Court will dismiss this action without prejudice on or after Monday, March 30, 2009, unless, no later than that date, Plaintiff files either (1) proof that the service of the summons and complaint was timely effectuated or (2) a declaration under penalty of perjury showing good cause for failure to timely serve the Defendant with the summons and complaint accompanied by a motion for leave to serve process outside of the 120 day period. To date, Plaintiff has not filed proof that the service of the summons and complaint was timely effectuated, or a declaration showing good cause for failure to timely serve the Defendant with the summons and complaint. In light of Plaintiff's failure to show cause why this action should not be dismissed pursuant to the Court's February 18, 2009 Order, the Court concludes that dismissal of the above-captioned action without prejudice is appropriate. /// /// -1ANGELA BOLDMAN, vs. CITY OF SAN DIEGO, et al., Plaintiff, CASE NO. 08cv1523 WQH (NLS) ORDER UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Defendants.

08cv1523 WQH (NLS)

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IT IS HEREBY ORDERED that the above-captioned action is DISMISSED without prejudice. DATED: May 4, 2009 WILLIAM Q. HAYES United States District Judge

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08cv1523 WQH (NLS)