Hutchins v. Alameda County et al
Filing
29
ORDER DISMISSING PLAINTIFF'S AMENDED COMPLAINT AGAINST REMAINING DEFENDANTS FOR FAILURE TO SERVE AND PROSECUTE ACTION; DISMISSING CASE WITHOUT PREJUDICE, ***Civil Case Terminated.. Signed by Judge Yvonne Gonzalez Rogers on 8/1/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/1/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOHN FRANCIS HUTCHENS,
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Plaintiff,
v.
Case No.: 4:11-cv-06478-YGR
ORDER DISMISSING PLAINTIFF’S AMENDED
COMPLAINT AGAINST REMAINING
DEFENDANTS FOR FAILURE TO SERVE AND
PROSECUTE ACTION
ALAMEDA COUNTY, et al.,
Defendants.
Northern District of California
United States District Court
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On July 9, 2012, the Court issued an Order to Show Cause Why This Action Should Not Be
Dismissed for Failure to Serve or Prosecute (“Order to Show Cause”). (Dkt. No. 28.) Having failed
to appear at a Case Management Conference on July 9, 2012, Plaintiff was ordered to file a written
response to the Order to Show Cause by July 27, 2012, if he contested dismissal of the action based
on a failure to serve remaining defendants or prosecute the action. Id. The Order to Show Cause
hearing is scheduled for August 10, 2012.
In the Order to Show Cause, the Court informed Plaintiff that Federal Rule of Civil Procedure
4(m) required that a defendant must be served within 120 days from the date the lawsuit was filed,
and that the 120-day period would expire on July 17, 2012. The Court stated that “Plaintiff’s failure
to provide proof of service with his written response or failure to appear personally will be deemed an
admission that no good cause exists to continue prosecuting this action and the case will thereafter be
dismissed.” Id. (emphasis in original).
Plaintiff failed to provide a written response to the Order to Show Cause by July 27, 2012 and
has failed to provide proof of service that remaining defendants have been served. By these actions,
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Plaintiff has admitted that no good cause exists to continue with this action. For the foregoing
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reasons, this action is DISMISSED WITHOUT PREJUDICE.
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IT IS SO ORDERED.
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Dated: August 1, 2012
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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Northern District of California
United States District Court
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