1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 6 JAMES I. SCHAAP, ) Case No.: 3:19-CV-00042-RCJ-CLB ) 7 Plaintiff, ) ) O PRR ED JE UR D O ICF E D PIS UM RI SS US AA NL T W TI OTH FO RU CT P 4(m) 8 ) vs. ) 9 ) ) RICHARD V. SPENCER, United States 10 Secretary of Navy, ) ) 11 Defendant. ) ) 12 13 The Court filed the Notice of Intent to Dismiss Pursuant to FRCP 4(m) (ECF No. 14 8) on June 18, 2019. Plaintiff was ordered to provide the Court with proof of service as 15 to the following parties: RICHARD V. SPENCER, UNITED STATES SECRETARY OF 16 17 THE NAVY on or before July 19, 2019. 18 Before dismissing the action, the district court is required to weigh several 19 factors: (1) the public’s interest in expeditious resolution of litigation; (2) the Court’s 20 need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public 21 policy favoring disposition of cases on their merits; and (5) the availability of less drastic 22 23 sanctions.” Ghazali v. Moran,

(9th Cir. 1995) (internal citations and 24 quotations omitted). All five factors point in favor of dismissal. 25 Plaintiff has failed to show good cause why this action should not be dismissed 26 without prejudice for failure to file proof of proper service with this Court pursuant to 27 FRCP 4(m) and failure to comply with the Notice of Intention to Dismiss (ECF No. 8). 28 1 IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT * || PREJUDICE for Plaintiff's failure to comply with the Court’s Notice of Intention to Dismiss (ECF No. 8) pursuant to FRCP 4(m).

5 IT IS FURTHER ORDERED that the Clerk of the Court shall close the case. 6 IT IS SO ORDERED. 7 Dated this day of September, 2020. 8 2 3 le ROBERT C. JONES United States [istrict Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28