Opinion
2:22-cv-00499-RGK-JPR
05-18-2022
Anthony Phills v. Gia Fey
CIVIL MINUTES - GENERAL
R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE
Proceedings: (IN CHAMBERS) Order re Dismissal
Plaintiff filed his complaint on January 24, 2022, but has not yet served Defendant. (See ECF No. 1.) “If 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 plaintiff-must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.” Fed.R.Civ.P. 4(m).
On May 9, 2022, the Court ordered Plaintiff to file either proof of service or a declaration showing good cause for failing to serve Defendant by May 16, 2022. (See ECF No. 18.) Plaintiff was warned that failure to file proof of service or show good cause will result in dismissal for lack of prosecution. Having reviewed Plaintiffs response, (ECF No. 20), and finding no good cause, the Corn! DISMISSES this case without prejudice for lack of prosecution.
IT IS SO ORDERED.