Tracy, Jr. v. United States of America

Filing 35

MINUTE ORDER IN CHAMBERS of the Honorable Judge Edward C. Reed, Jr, on 3/24/2009. IT IS ORDERED that Ps 32 Motion to Provide Court with Service by Mail, which is more properly a response to our 31 Order, rather than a motion, is DENIED. FURTH ORD that this action is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 4(m). The Clerk shall enter judgment accordingly. (Copies have been distributed pursuant to the NEF - PM)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RENO, NEVADA LINWOOD EDWARD TRACY, JR., Plaintiff, vs. UNITED STATES OF AMERICA; et al., Defendants. PRESENT: Deputy Clerk: EDWARD C. REED, JR. ROSEMARY DAMRON Reporter: NONE APPEARING NONE APPEARING ) ) ) ) ) ) ) ) ) ) 3:08-CV-0270-ECR-VPC MINUTES OF THE COURT DATE: March 24, 2009 U. S. DISTRICT JUDGE NONE APPEARING Counsel for Plaintiff(s) Counsel for Defendant(s) MINUTE ORDER IN CHAMBERS On February 12, 2009, the Court entered its Order (#28) allowing Plaintiff fifteen (15) days within which to file proof of service of process complying with Fed. R. Civ. P. 4(i). In this Order (#28), the Court warned Plaintiff that the documents he filed were not sufficient and that, if he did not comply with the Rule, the action would be dismissed. Plaintiff filed various documents (#29) in response to our Order but still failed to comply with the Rule; the proof of service of process filed by Plaintiff still did not comply with Rule 4(i). On February 27, 2009, the Court entered its Order (#31) that Plaintiff would be given one last chance to comply with the Rule. We again warned him that, if he did not comply with the Rule, the action would be dismissed. Plaintiff again responded (#32 and #33) to our Order (#31) but has again failed to comply with the Rule for service of process. IT IS, THEREFORE, HEREBY ORDERED that Plaintiff's "Motion to Provide Court with Service by Mail" (#32), which is more properly a response to our Order (#31), rather than a motion, is DENIED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 4(m). The Clerk shall enter judgment accordingly. LANCE S. WILSON, CLERK By /s/ Deputy Clerk

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