Doane v. First Franklin Financial Corporation et al

Filing 28

ORDER OF DISMISSAL signed by Judge Morrison C. England, Jr on 8/30/12: The Clerk of Court is directed to close the file. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARDENER JAMES DOANE

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Plaintiff,

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No. 2:11-cv-02130-MCE-GGH

v.

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FIRST FRANKLIN FINANCIAL,
et al.
ORDER OF DISMISSAL

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Defendants.

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Plaintiff Gardener James Doane initiated this action on

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August 11, 2011.

On June 11, 2012, this Court granted

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Defendants’ Motion to Dismiss (ECF No. 13) and ordered Plaintiff

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to “file any amended complaint not later than thirty (30)

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calendar days after this Order is filed electronically”.

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Court went on to caution Plaintiff that if no such amended

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complaint was filed within that period, “this action will be

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dismissed with prejudice and without any further notice to the

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parties.

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///

ECF No. 22, 19:10-16.

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The

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As of this date, no amended complaint has been filed or

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served, and more than 60 days has elapsed.

Accordingly, having

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failed to comply with the Court’s Order, and pursuant to the

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Order’s directive that this lawsuit be dismissed as stated above,

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the action is DISMISSED with prejudice pursuant to Federal Rule

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of Civil Procedure 41(b) and Eastern District of California Local

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Rule 110.

The Clerk of Court is directed to close the file.

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Given the Court’s dismissal of this action sua sponte,

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Defendants’ Motion to Dismiss the Action for Failure to Prosecute

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(ECF No. 24) is DENIED as moot.

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that while the Court warned Plaintiff that his lawsuit would be

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dismissed without further notice if he failed to amend his

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complaint as directed, and while the Court has dismissed the

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matter on that basis as set forth above, Plaintiff has also

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failed to oppose or respond in any way to Defendants’ Motion to

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Dismiss.

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action.

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It should nonetheless be noted

That failure further supports dismissal of the instant

IT IS SO ORDERED.
Dated: August 30, 2012

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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