Opinion
No. C 10-0071 RS (PR)
11-18-2011
VINCENT LEE ROSENBALM, Plaintiff, v. EDWARD FOULK, Defendant.
ORDER OF DISMISSAL
This is a federal civil rights action filed by a pro se state prisoner pursuant to 42 U.S.C. § 1983. Despite clear instructions from this Court, plaintiff has failed to effect proper service. Specifically, plaintiff has attempted to serve defendant personally via the mail. Under both state and federal rules of service, a party to the action is not authorized to serve process. See Fed. R. Civ. Proc. ("FRCP") 4(c); Cal. Code of Civ. Proc. § 414.10. Accordingly, the action is DISMISSED WITH PREJUDICE for failure to comply with this Court's order, and for failure to prosecute under FRCP 41(b). The Clerk shall enter judgment in favor of defendant, and close the file.
IT IS SO ORDERED.
RICHARD SEEBORG
United States District Judge