Harvey v. California Reconveyance Company et al

Filing 20

ORDER that Plaintiffs Complaint is DISMISSED pursuant to Fed. R. Civ. P. 4(m). Signed by Judge Kent J. Dawson on 7/14/10. (Copies have been distributed pursuant to the NEF - ECS)

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Harvey v. California Reconveyance Company et al Doc. 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 Plaintiff filed his Complaint on October 19, 2009. On April 6, 2010, the Court issued a 17 Notice of Intent to Dismiss (#12), indicating that Plaintiff had not yet filed proper proof of service of 18 summons and complaint on proposed Defendants "National Association, Shell Company, Trustee for 19 Unknown Trust, Beneficiary of Unknown Trust, Master Servicer and Holder of the Note" as 20 required by Fed. R. Civ. P. 4(m), and warning Plaintiff that the case would be dismissed if proper 21 proof of service was not filed on or before May 6, 2010. 22 Fed. R. Civ. P. 4(m) requires that a defendant be served with notice of summons and 23 complaint within 120 days of the filing of the complaint. Here, as Plaintiff's Complaint was filed on 24 October 19, 2009, service of the summons and complaint was required on or before February 16, 25 26 v. CALIFORNIA RECONVEYANCE COMPANY, et al., EASTON HARVEY, Plaintiff, Case No. 2:09-CV-02025-KJD-RJJ ORDER UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Dockets.Justia.com 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 2010. In spite of the Court's admonition however, to date, Plaintiff has failed to file proper proof of service upon said proposed Defendants. Accordingly, as all other proposed Defendants have previously been dismissed from this action, IT IS HEREBY ORDERED that Plaintiff's Complaint is DISMISSED pursuant to Fed. R. Civ. P. 4(m). DATED this14th day of July 2010. ____________________________________ Kent J. Dawson United States District Judge 2

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