Abeytia v. Fresno Police Department, et al.

Filing 21

JUDGMENT dated *08/24/2009* in favor of Defendants against Plaintiff signed by Judge Oliver W. Wanger on 08/24/2009. (Flores, E)

1 2 3 4 5 6 7 8 9 10

Rosemary T. McGuire, Esq. (Bar No. 172549) WEAKLEY, ARENDT, MCGUIRE, LLP 1630 E. Shaw Avenue, Suite 176 Fresno, CA 93710 Telephone: [phone] Facsimile: [phone] JAMES C. SANCHEZ, City Attorney By: Tamara Bogosian, Deputy (Bar No. 201312) Fresno City Attorney's Office 2600 Fresno Street, Room 2031 Fresno, California 93721-3602 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants, FRESNO POLICE DEPARTMENT, FRESNO POLICE OFFICER GENE JOHNSON and CITY OF FRESNO IN THE UNITED STATES DISTRICT COURT

11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On July 17, 2009, plaintiff, ERNEST HECTOR ABEYTIA, was ordered to appear on August 17, 2009 at 10:00 a.m. and show cause why his case should not be dismissed for failure to prosecute. Prior to the Court's July 17, 2009 order, plaintiff violated the Court's orders regarding filing an opposition or notice of non-opposition to defendants' motion to dismiss; jointly preparing or participating in the preparation of the joint scheduling conference statement; and appearing at the scheduling conference held on July16, 2009. Plaintiff failed to appear August 17, 2009 and show cause why his case should not be dismissed for failure to prosecute or take any action whatsoever to advance his case. ERNEST HECTOR ABEYTIA, Plaintiff vs. FRESNO POLICE DEPARTMENT and F R E S N O POLICE OFFICER GENE JOHNSON IN BOTH PERSONAL AND OFFICIAL CAPACITIES; CITY OF FRESNO and DOES 1 to 100, inclusive, Defendants. ____________________________________ ) CASE NO. 1:08-CV-01528 OWW GSA ) ) ) ) ) JUDGMENT OF DISMISSAL ) ) ) ) ) ) Complaint Filed: 05/28/08 ) )

____________________________
Judgment of Dismissal

1 2 3

ACCORDINGLY, IT IS ORDERED that this case be dismissed, with prejudice, for plaintiff's failure to prosecute and failure to comply with court orders. IT IS SO ORDERED.

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: August 24, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

____________________________
Judgment of Dismissal

2