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Liao v. Ashcroft

United States District Court, Ninth Circuit, California, N.D. California, Oakland Division
Dec 22, 2008
C 08-02776 SBA (N.D. Cal. Dec. 22, 2008)

Opinion


WANXIA LIAO, Plaintiff, v. JOHN ASHCROFT, United States Attorney General, et al., Defendants. No. C 08-02776 SBA United States District Court, N.D. California, Oakland Division. December 22, 2008

ORDER

SAUNDRA BROWN ARMSTRONG, District Judge.

On June 4, 2008, plaintiff, in propria persona, sued 21 defendants. See Docket No. 1. Plaintiff did not obtain summonses for them until September 10, 2008. See Docket No. 6. More than six months after filing her complaint, only two defendants have appeared, and no proofs or waivers of service have been filed with the Court. Under Federal Rule of Civil Procedure 4(m):

If a defendant is not served within 120 days after the complaint is filed, the court-on motion or on its own after notice to the plaintiff-must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.

Plaintiff filed her complaint on June 4, 2008, but prior to October 4, 2008, did not request an extension of time to serve. Plaintiff did not even obtain any summonses until more than 90 days after filing. Plaintiff has until January 10, 2009 to file with the Court a proof of service or a waiver of service for each defendant who has not filed an appearance by January 10, 2009. After that date, those defendants for whom plaintiff has not filed a proof or waiver, and who have not appeared, will be dismissed without prejudice, unless on or before January 10, 2009, plaintiff can show good cause why she should have an extension of time for service, under Rule 4(m).

IT IS SO ORDERED.


Summaries of

Liao v. Ashcroft

United States District Court, Ninth Circuit, California, N.D. California, Oakland Division
Dec 22, 2008
C 08-02776 SBA (N.D. Cal. Dec. 22, 2008)
Case details for

Liao v. Ashcroft

Case Details

Full title:WANXIA LIAO, Plaintiff, v. JOHN ASHCROFT, United States Attorney General…

Court:United States District Court, Ninth Circuit, California, N.D. California, Oakland Division

Date published: Dec 22, 2008

Citations

C 08-02776 SBA (N.D. Cal. Dec. 22, 2008)

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