(PS) Niravanh v. Durham
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEUANG LOTAKOON NIRAVANH, et No. 2:23-CV-0713-DC-DMC-P al., 12 Plaintiffs, FINDINGS AND RECOMMENDATIONS v. 14 ADRIANA DURHAM, et al., 15 Defendants.
17 Plaintiffs, who are proceeding pro se, bring this civil action. The complaint in this matter was filed on April 18, 2024, and an amended summons was issued on April 20, 2024. Pursuant to Federal Rule of Civil Procedure 4(m), Defendants must be served within 90 days of the date of filing of the complaint. See Fed. R. Civ. P. 4(m). To date, more than 90 days have passed, and the docket does not reflect that any named defendant in this action has been served. On November 18, 2024, the Court ordered Plaintiffs to show within 30 days why this action should not be dismissed without prejudice for lack of prosecution. See ECF No. 12. Plaintiffs did not respond to the order to show cause. / / / / / / / / / ] The Court must weigh five factors before imposing the harsh sanction of dismissal. 2 ||…