Knox v. Castaneda et al

Filing 5

ORDER: Pursuant to Rule 4(m), this action is dismissed without prejudice. The Clerk of Court shall close this case. Signed by Judge William Q. Hayes on 6/13/2014. (All non-registered users served via U.S. Mail Service.) (mdc)

FILED

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JUN 1 3 7014

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MICHAEL ANTHONY KNOX

CASE NO. 13cv2985-WQH­
RBB

Plaintiff,
vs.
F. CASTANEDA, Correctional
Sergeant, E. DELGADO Correctional
Lieutenant, W. ENDERS, Correctional
Officer, G. ME!!1~ ~orrectional
Officer, WHITlVlf\l~ Correctional
C~Qtain, HAMILTON, Correctional
Officer,

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ORDER

Defendants.

16 HAYES, Judge:
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On December 11, 2013, Plaintiff initiated this action by filing a Complaint.

18 (ECF No.1). No proofof service or responsive pleading has been filed. Federal Rule
19 of Civil Procedure 4 requires that a summons and complaint be served "within 120
20 days after the complaint is filed." Fed. R. Civ. P. 4(m). Ifa plaintiff fails to serve the
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summons and complaint within 120 days, the Court may dismiss the action without

22 prejudice after notice to the plaintiff. See ide
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On May 8,2014, the Court issued an Order which stated:

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This Order constitutes notice to Plaintiff that the Court will dismiss this
action without prejudice on June 9, 2014, unless, before that date,
Plaintiffs file eitfier: (1) proofthat servIce ofthe Summons and Complaint
was timely effectuated upon Defendants within 120 days after filing ofthe
Complaint, or (2) a declaration under penalty of perjury showing good
cause for failure to timely serve Defendants, accompanied by a motIon for
leave to serve process outside of the 120-day period.

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(ECF No.4 at 1).
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13cv298S-WQH-RBB

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The docket reflects no case activity since the Court's May 8, 2014 Order.

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IT IS HEREBY ORDERED that, pursuant to Rule 4(m), this action is

3 DISMISSED without prejudice. The Clerk of Court shall close this case. .
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5 DATED:
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WILLIAM.
S
United State& strict Judge

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13cv2985-WQH-RBB