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4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 LANCE REBERGER, ) Case No.: 3:17-CV-00552-RCJ-WGC 10 ) ) 11 Plaintiff, ) O PRR ED JE UR D O ICF E D PI USM RSIS US AA NL T W TI OT H NO OU TIT C E ) OF INTENT TO DISMISS PURSUANT TO 12 vs. ) FRCP 4(m) (ECF NO. 89) ) 13 JAMES DZURENDA, et al., ) ) 14 ) Defendants. ) 15 )

16 17 The Court filed the Notice of Intention to Dismiss Pursuant to FRCP 4(m) (ECF No. 89) 18 on November 30, 2021. Plaintiff was ordered to provide the Court with proof of service as to the 19 following parties: HAROLD MIKE BYRNE and TIMOTHY FILSON on or before 20 December 30, 2021. 21 Before dismissing the action, the district court is required to weigh several factors: (1) the 22 23 public’s interest in expeditious resolution of litigation; (2) the Court’s need to manage its docket; 24 (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on 25 their merits; and (5) the availability of less drastic sanctions.” Ghazali v. Moran,

, 53 26 (9th Cir. 1995) (internal citations and quotations omitted). All five factors point in favor of 27 28 dismissal. 1 Plaintiff has failed to show good cause why this action should not be dismissed without prejudice for failure to file proof of proper service with this Court pursuant to FRCP 4(m) and 3 failure to comply with the Notice of Intention to Dismiss (ECF No. 89). 4 5 IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE 6 || as to Defendants: HAROLD MIKE BYRNE and TIMOTHY FILSON for Plaintiff’s failure to 7 |) comply with the Court’s Notice of Intention to Dismiss (ECF No. 89) pursuant to FRCP 4(m). 8 IT IS SO ORDERED. 9 Dated this 19" day of January 2022.

11 12 13 OBERT C. JONES United States /Djstrict Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28