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Koloi v. Department of Army

United States District Court, District of Hawaii

March 3, 2014

ALAI P. KOLOI, Plaintiff,
v.
DEPARTMENT OF THE ARMY, Defendant.

FINDINGS AND RECOMMENDATION TO DISMISS THIS ACTION WITHOUT PREJUDICE [1]

RICHARD L. PUGLISI UNITED STATES MAGISTRATE JUDGE

January 27, 2014, this Court issued a Deficiency Notice and Order Regarding Service of Defendant. ECF No. 22. In that order, the Court gave notice to Plaintiff that he must serve the Complaint upon Defendant no later than February 26, 2014, and that failure to do so may result in dismissal of this action for failure to prosecute or otherwise follow a court order. See Fed.R.Civ.P. 41(b); Fed.R.Civ.P. 4(m); see also In re Sheehan, 253 F.3d 507, 513 (9th Cir. 2001) (stating that the court has broad discretion under Rule 4(m) to extend the time for service or to dismiss the action without prejudice).

Plaintiff has not filed proof of service or any other response to the Court’s Deficiency Notice. Accordingly, the Court FINDS AND RECOMMENDS that this case be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m).

IT IS SO FOUND AND RECOMMENDED.


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