Strohmeyer v. Belanger et al

Filing 369

ORDER - Defendant Koree Kirkpatrick is DISMISSED without prejudice for Plaintiff's failure to comply with the Court's Notice of Intention to Dismiss (ECF No. 367 ) pursuant to FRCP 4(m). Clerk shall enter judgment accordingly. Signed by Judge Robert C. Jones on 10/22/2020. (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JEREMY JOSEPH STROHMEYER,

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Plaintiff,

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vs.
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MICHAEL BOBADILLA, et al.,
Defendants.

) Case No.: 3:14-CV-00661-RCJ-WGC
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) ORDER OF DISMISSAL WITHOUT
) PREJUDICE PURSUANT TO FRCP 4(m)
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The Court filed the Notice of Intent to Dismiss Pursuant to FRCP 4(m) (ECF No.

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367) on September 8, 2020. Plaintiff was ordered to provide the Court with proof of
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service as to the following party: KOREE KIRKPATRICK on or before October 8, 2020.

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Before dismissing the action, the district court is required to weigh several

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factors: (1) the public’s interest in expeditious resolution of litigation; (2) the Court’s
need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public

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policy favoring disposition of cases on their merits; and (5) the availability of less drastic

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sanctions.” Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (internal citations and

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quotations omitted). All five factors point in favor of dismissal.

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Plaintiff has failed to show good cause why this party should not be dismissed

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without prejudice for failure to file proof of proper service with this Court pursuant to
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FRCP 4(m) and failure to comply with the Notice of Intention to Dismiss (ECF No. 367).

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IT IS HEREBY ORDERED that Defendant KOREE KIRKPATRICK is
DISMISSED WITHOUT PREJUDICE for Plaintiff’s failure to comply with the Court’s

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Notice of Intention to Dismiss (ECF No. 367) pursuant to FRCP 4(m).
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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.
IT IS SO ORDERED.
Dated this 22nd day of October, 2020.

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ROBERT C. JONES
United States District Judge