Conley et al v. Wells Fargo et al

Filing 14

ORDER DISMISSING CASE without prejudice. Signed by Judge James C. Mahan on 8/18/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JERRY CONLEY and GEORGETTA
CONLEY,

2:11-CV-141 JCM (LRL)

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Plaintiffs,

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v.

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WELLS FARGO, et al.,

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Defendants.

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ORDER
Presently before the court is the matter of Conley, et. al. v. Nat. Default Servicing Corp., et.

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al. (Case No. 2:11-cv-00141-JCM-LRL).

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Federal Rule of Civil Procedure 4(m) provides: “If a defendant is not served within 120 days

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after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must

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dismiss the action without prejudice.”

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Plaintiff filed the complaint on January 26, 2011. (Doc. #1). Pursuant to Federal Rule of Civil

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Procedure 4(m), on July 12, 2011, the clerk of the court provided notice to plaintiff that the action

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would be dismissed as to defendant National Default Servicing Corporation, if plaintiff did not file

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proof of service of process by August 11, 2011. (Doc. #13).

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To date, plaintiff has failed to file proof of service with the court as to National Default
Servicing Corporation.

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James C. Mahan
U.S. District Judge

Accordingly,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above-captioned case
be, and the same hereby is, DISMISSED without prejudice.
DATED August 18, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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