Opinion
No C-99-3900-VRW
August 29, 2002
ORDER
Although plaintiff's complaint was filed on August 18, 1999, plaintiff has yet to effect service on defendants. On April 24, 2000, the court issued an order directing plaintiff to obtain a summons from the clerk within 30 days or face dismissal pursuant to FRCP 41(b). Doc #18. Plaintiff thereafter sent a summons to defendants, but it was returned unexecuted.
On June 24, 2002, plaintiff was ordered to effect service upon defendants within 30 days or face dismissal pursuant to FRCP 4(m). Despite these warnings and despite the passage of three years since the filing of his complaint, plaintiff has yet to effect service. Plaintiff has provided no justification for this delay.
Accordingly, plaintiff's complaint is hereby DISMISSED pursuant to FRCP 4(m). The clerk is directed to close the file and terminate all pending motions.
IT IS SO ORDERED.