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Gatlin v. United States

United States District Court, Central District of California
Sep 11, 2024
EDCV 24-1005-KK-SHKx (C.D. Cal. Sep. 11, 2024)

Opinion

EDCV 24-1005-KK-SHKx

09-11-2024

Zinzi Gatlin v. United States of America, et al.


PRESENT: THE HONORABLE KENLY KIYA KATO, UNITED STATES DISTRICT JUDGE

CIVIL MINUTES-GENERAL

Proceedings: (In Chambers) Order DISMISSING the Instant Action for Failure to Prosecute

On May 13, 2024, plaintiff Zinzi Gatlin (“Plaintiff”) filed a Complaint against defendant United States of America (“Defendant”) and various Doe defendants, asserting claims for assault and negligence pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346. ECF Docket No. (“Dkt.”) 1.

On August 27, 2024, the Court issued an Order to Show Cause (“OSC”) why this action should not be dismissed for failure to prosecute because Plaintiff had not filed a proof of service of the summons and Complaint on Defendant. Dkt. 9. The Court ordered Plaintiff to file a response to the OSC no later than September 3, 2024. Id. at 2. In addition, the Court expressly warned Plaintiff “failure to timely file a response to this Order will result in this action being dismissed without prejudice . . . for failure to prosecute and comply with court orders.” Id..

To date, Plaintiff has not filed a response to the Court's August 27, 2024 OSC, nor has Plaintiff filed a proof of service of the summons and Complaint on Defendant.

Accordingly, the Court DISMISSES this action without prejudice pursuant to Federal Rules of Civil Procedure 4(m) and 41(b) for failure to prosecute and comply with Court orders. IT IS FURTHER ORDERED that the Clerk of Court shall close this action. (JS-6)

IT IS SO ORDERED.


Summaries of

Gatlin v. United States

United States District Court, Central District of California
Sep 11, 2024
EDCV 24-1005-KK-SHKx (C.D. Cal. Sep. 11, 2024)
Case details for

Gatlin v. United States

Case Details

Full title:Zinzi Gatlin v. United States of America, et al.

Court:United States District Court, Central District of California

Date published: Sep 11, 2024

Citations

EDCV 24-1005-KK-SHKx (C.D. Cal. Sep. 11, 2024)