Sandoval

Sandoval v. United States

Good Law
United States District Court, Southern District of CaliforniaSeptember 17, 20203:20-cv-00495California698 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 VINCENT SANDOVAL, Case No.: 20-CV-495 JLS (AGS)

Plaintiff,

ORDER DISMISSING ACTION FOR

v. FAILURE TIMELY TO EFFECT

SERVICE PURSUANT TO

UNITED STATES OF AMERICA,

FEDERAL RULE OF CIVIL

Defendant. PROCEDURE 4(m)

16 (ECF No. 3)

On September 1, 2020, the Court ordered Plaintiff Vincent Sandoval to “show cause why this action should not be dismissed for failure timely to effect service.” ECF No. 3 (“OSC”) at 1. The Court directed Plaintiff to file either a response or proof of service within fourteen days of the electronic docketing of the Order to Show Cause, i.e., on or before September 15, 2020. Id. As of the date of this Order, Plaintiff has filed neither. Rule 4 of the Federal Rules of Civil Procedure provides: [i]f a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the 25 plaintiff—must dismiss the action…

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