Opinion
ORDER DISMISSING CASE AS TO DEFENDANT KHAYYAM ONLY WITHOUT PREJUDICE
PATRICIA V. TRUMBULL, Magistrate Judge.
On September 13, 2006, this court issued an Initial Case Management Conference Order in which it directed Plaintiff to inform the court within sixty days after entry of the order if he intended to serve the summons and complaint on Defendant Andre Khayyam. The court notified Plaintiff that, absent such notice, the court would dismiss this action without prejudice as to Defendant Khayyam. No such notice was ever filed by Plaintiff. Therefore,
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice as to Defendant Khayyam only.