Hall v. Department of the US Army et al

Filing 5

ORDER of Dismissal, by Judge Ricardo S Martinez. (SWT) (cc: Plaintiff via USPS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 FREDERICK HALL, Plaintiff, 9 10 v. 11 12 DEPARTMENT OF THE U.S. ARMY, et al., 13 Defendants. ) ) CASE NO. C16-1846RSM ) ) ) ORDER OF DISMISSAL ) ) ) ) ) 14 15 Pro Se Plaintiff, Frederick Hall, filed a Complaint in this matter on December 2, 2016. 16 Dkt. #1. Plaintiff raises allegations of discrimination arising out of his discharge from the 17 United States Army in 1972. Dkt. #1. There are no specific facts discussed, and no indication 18 as to how the various named Defendants are allegedly liable to him. Id. His filing fee has been 19 20 21 paid, but summonses have not yet been issued, and there is no indication that this matter has been served on any of the named Defendants. 22 Federal Rule of Civil Procedure 4(i) sets forth the procedure for serving the United 23 States and its agencies. Rule 4(m) requires that service be made within 90 days of filing the 24 Complaint. Plaintiff failed to request summons or show proof of service on any of the 25 26 27 Defendants. As a result, on March 13, 2017, this Court ordered Plaintiff to show cause why his case should not be dismissed for failure to prosecute. Dkt. #3. Plaintiff has failed to respond to 28 ORDER OF DISMISSAL PAGE - 1 1 2 that Order. Accordingly, this case is hereby DISMISSED without prejudice for failure to prosecute. Plaintiff’s pending motion for letter of credit (Dkt. #4) is now DENIED as MOOT. 3 4 The Clerk shall send a copy of this Order to Plaintiff at P.O. Box 1694, Seattle, WA 5 98118. 6 7 DATED this 11 day of April, 2017. 8 A 9 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER OF DISMISSAL PAGE - 2

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