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Rosenbalm v. Foulk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 18, 2011
No. C 10-0071 RS (PR) (N.D. Cal. Nov. 18, 2011)

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


Summaries of

Rosenbalm v. Foulk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 18, 2011
No. C 10-0071 RS (PR) (N.D. Cal. Nov. 18, 2011)
Case details for

Rosenbalm v. Foulk

Case Details

Full title:VINCENT LEE ROSENBALM, Plaintiff, v. EDWARD FOULK, Defendant.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Nov 18, 2011

Citations

No. C 10-0071 RS (PR) (N.D. Cal. Nov. 18, 2011)