Filed: Dec. 13, 2012
Latest Update: Dec. 13, 2012
Summary: REPORT & RECOMMENDATION TONY N. LEUNG, Magistrate Judge. WHEREAS, the Complaint in this matter was filed on May 10, 2012 (Docket No. 1); WHEREAS, on October 3, 2012, this Court issued an Order stating that more than 120 days had elapsed since the filing of this matter and there is no record that the Complaint has been served, directing Plaintiff either to file proof of service or notify Defendant that it is required to answer or to otherwise respond the Complaint (Docket No. 2 at 1); WHERE
Summary: REPORT & RECOMMENDATION TONY N. LEUNG, Magistrate Judge. WHEREAS, the Complaint in this matter was filed on May 10, 2012 (Docket No. 1); WHEREAS, on October 3, 2012, this Court issued an Order stating that more than 120 days had elapsed since the filing of this matter and there is no record that the Complaint has been served, directing Plaintiff either to file proof of service or notify Defendant that it is required to answer or to otherwise respond the Complaint (Docket No. 2 at 1); WHEREA..
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REPORT & RECOMMENDATION
TONY N. LEUNG, Magistrate Judge.
WHEREAS, the Complaint in this matter was filed on May 10, 2012 (Docket No. 1);
WHEREAS, on October 3, 2012, this Court issued an Order stating that more than 120 days had elapsed since the filing of this matter and there is no record that the Complaint has been served, directing Plaintiff either to file proof of service or notify Defendant that it is required to answer or to otherwise respond the Complaint (Docket No. 2 at 1);
WHEREAS, Plaintiff has not (a) filed proof of service, or (b) moved for entry of a default judgment after showing that Defendant was notified of the need to respond and Defendant failed to respond;
WHEREAS, Rule 4 requires this Court to dismiss an action without prejudice if the Complaint is not served within 120 days of its filing, Fed. R. Civ. P. 4(m); and
WHEREAS, more than 120 days have passed since the filing of the Complaint in this matter,
Therefore, IT IS HEREBY RECOMMENDED that this matter be DISMISSED WITHOUT PREJUDICE.
