Ganje v. Colvin

Filing 8

ORDER DISMISSING CASE PURSUANT TO FED. R. CIV. P. 4(m) by Judge J Richard Creatura. (SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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JOSEPH GANJE,

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Plaintiff,
v.

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CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,

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CASE NO. 2:15-CV-0074 JRC
ORDER DISMISSING CASE
PURSUANT TO FED. R. CIV. P.
4(m)

Defendant.

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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge
and Consent Form, Dkt. 2; Consent to Proceed Before a United States Magistrate Judge, Dkt. 4).
Plaintiff was ordered to provide proof of service or show cause why this matter should
not be dismissed for lack of prosecution by November 13, 2015 (Dkt. 7). Plaintiff was warned
that failure to provide proof of service within this time period or show cause within this time
period would result in an order dismissing this action (id.).

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ORDER DISMISSING CASE PURSUANT TO
FED. R. CIV. P. 4(M) - 1

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PROCEDURAL HISTORY
This case was filed in this Court on January 16, 2015 (Dkt. 1). An Affidavit of Service

3 (Dkt. 6) was filed on January 29, 2015 informing the Court that the Summons and Complaint had
4 been served, but only as to defendant, CAROLYN W. COLVIN, Acting Commissioner of the
5 Social Security Administration. A Notice of Appearance (Dkt. 5) on behalf of defendant was
6 filed on January 29, 2015. On October 23, 2015, this Court issued an Order to Show Cause why
7 this matter should not be dismissed (Dkt. 7). Plaintiff was ordered to show cause by November
8 13, 2015 why this matter should not be dismissed. As of this date, plaintiff has provided the
9 Court with no information.
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STANDARD
Fed. R. Civ. P. 4(m) requires the court to provide notice to plaintiff before the matter may

12 be dismissed for lack of prosecution. This notice has been provided (see Dkt. 7).
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CONCLUSION
Plaintiff has failed to provide proof of service or show cause why this matter should not

15 be dismissed for lack of prosecution. The Court hereby ORDERS that pursuant to Fed. R. Civ.
16 P. 4(m) this matter is dismissed without prejudice.
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Dated this 3rd day of December, 2015.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER DISMISSING CASE PURSUANT TO
FED. R. CIV. P. 4(M) - 2