Mills v. LA County Sheriff's Dept
Filed 5/31/06 Mills v. LA County Sheriff's Dept. CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
| THOMAS KENNETH MILLS, Plaintiff and Appellant, v. LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, Defendant and Respondent. | B185676 (Super. Ct. No. BC 332650) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Ralph W. Dau, Judge. Affirmed.
________
Thomas Kenneth Mills, in pro. per., for Plaintiff and Appellant.
Graves & King, Michael G. Martin and James A. Busalacchi, Jr., for Defendant and Respondent.
_________
On April 21, 2005, plaintiff Thomas Mills, a prison inmate, filed a pro se personal injury complaint against the Los Angeles County Sheriff's Department (the Sheriff). No summons was issued upon the filing of the complaint. On June 29, 2005, the trial court issued an order to show cause (OSC) regarding Mills' failure to file a proof of service of the summons and complaint within 60 days of filing the complaint. The clerk served notice of the hearing to Mills by mail. On July 28, 2005, the trial court conducted the OSC hearing. Mills did not appear at the July 28 hearing, failed to effect service before the hearing, filed nothing in response to the OSC and provided no explanation for his failure to file a proof of service. The trial court dismissed the complaint under Code of Civil Procedure sections 583.210, subdivision (b) and 583.410, subdivision (a). Mills, who did not seek relief from the dismissal in the trial court, has appealed from the order of dismissal. Finding no abuse of discretion, we affirm.
DISCUSSION
Rule 201.7(b) of the California Rules of Court states that â€
