Opinion
9: 04-CV-0641 (TJM) (GJD).
December 13, 2006
DECISION ORDER
Plaintiff commenced this civil rights action pro se on June 4, 2004. On June 14, 2004, the Court granted Plaintiff's in forma pauperis application and ordered the Clerk to issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon the named defendants. See 6/14/04 Order. On July 9, 2004, the United States Marshal sent a notice to Plaintiff (and filed the notice with the Court) informing Plaintiff that he had failed to provide USM-285 forms, which are necessary for service by the United States Marshal, for all defendants. See dkt. #6.
There is no indication in the record that Plaintiff ever provided these USM-285 forms or that service has been accomplished on all defendants. In fact, there had been action on this file from July 9, 2004 until the Court issued a "Notice of Dismissal" on August 1, 2006 advising Plaintiff that the action would be dismissed for failure to prosecute if he did not submit, on or before September 1, 2006, a written statement showing good cause why the action should not be dismissed. See 8/1/2006 Notice of Dismissal, dkt. #7. Plaintiff has not responded. Therefore, it is hereby
ORDERED that the instant action is DISMISSED WITHOUT PREJUDICE due to Plaintiff's failure to diligently prosecute the matter.