Opinion
3:04-cv-00738-HDM-WGC.
October 13, 2011
ORDER
On July 7, 2011, a Minute Order (Doc. #65) was issued advising the parties that defendants Scott and Seals cannot be served "until better addresses are obtained." The Court stated that this case "will have to proceed without them." The record reflected that "Plaintiff indicates his understanding."
Because more than 120 days have passed since the filing of Plaintiff's Second Amended Complaint without service of process having been effected on defendants Scott and Seal (Doc. #53, 5/2/11), plaintiff's Second Amended Complaint is therefore DISMISSED as to defendants Scott and Seals. Fed.R.Civ.P. 4(m).
DATED: October 12, 2011