1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 RESHMA KAMATH, Case No.: 23CV06494-GPC

11 Plaintiff, ORDER DISMISSING CIVIL 12 v. ACTION FOR FAILURE TO SERVE AND FOR FAILING TO COMPLY 13 WILLIAM ALSUP, et al., WITH COURT ORDER 14 Defendants. 15 16 This case was assigned to the undersigned judge on May 8, 2024. Plaintiff 17 Reshma Kamath, an attorney proceeding pro se, filed a complaint on December 17, 2023. 18 (Dkt. No. 1, Compl.) A proof of service on the complaint and summons were never filed. 19 Over four months later, on April 30, 2024, Plaintiff filed an amended complaint. (Dkt. 20 No. 17, Am. Compl.) The docket indicates that Plaintiff has not requested a summons on 21 the amended complaint. 22 On June 14, 2024, the Court directed “Plaintiff to request a summons from the 23 Clerk of Court and serve Defendants with the complaint and summons as well as the 24 supplementary material required by N.D. Cal. Civil Local Rule 4-2 by July 29, 2024 or 25 the Court will dismiss the action without prejudice” pursuant to Federal Rule of Civil 26 Procedure (“Rule”) 4(m). (Dkt. No. 19.) 27 Plaintiff must serve the complaint and summons within 90 days after the complaint 28 is filed. Fed. R. Civ. P. 4(c)(1), (m). Further, Rule 41(b) provides that if a plaintiff “fails 1 prosecute or to comply with these rules or a court order, a defendant may move to 2 || dismiss the action or any claim against it.” Fed. R. Civ. P. 41(b). Dismissals may also be 3 || ordered by the Court sua sponte. Link v. Wabash Railroad Co.,

, 629-30 4 || (1962). 5 Here, Plaintiff has not timely filed a proof of service of the amended complaint and 6 ||summons as ordered by the Court nor has she sought an extension of time to file one. 7 || Accordingly, the Court DISMISSES this civil action in its entirety for failure to serve the 8 ||amended complaint and summons pursuant to Rule 4(m) and for failure comply with a 9 || court order pursuant to Rule 41(b). The Court DIRECTS the Clerk of Court to close the 10 || file. 11 IT IS SO ORDERED. 12 Dated: August 2, 2024 72 13 Hon. athe Cee 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28