Hawkins v. Alameda Contra Costa Transit District

Filing 39

ORDER DISMISSING CASE WITH PREJUDICE FOR FAILURE TO PROSECUTE; ORDER CLOSING FILE. Signed by Judge Maria-Elena James on 1/8/2009. (mejlc1, COURT STAFF) (Filed on 1/8/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On November 3, 2008, the Court ordered the parties to appear for a status conference on December 11, 2008, and to file a joint status statement by December 4, 2008. (Dkt. #36.) However, on December 4, Defendant filed a separate statement, which details its unsuccessful attempts to submit a joint statement, despite repeated efforts to meet and confer with Plaintiff. As Plaintiff's failure to comply with the November 3 Order is part of a pattern in which she has failed to prosecute her case, (see, e.g., Dkt. ## 10, 12, 17), the Court vacated the December 11 status conference and ordered Plaintiff to show cause why this case should not be dismissed for failure to prosecute and comply with this Court's orders. (Dkt. #38.) The Court ordered Plaintiff to file a declaration by December 17, 2008, and scheduled an order to show cause hearing on January 8, 2009. (Dkt. #38.) Plaintiff failed to file a declaration by the December 17 deadline, and has not filed any other documents in this case since May 18, 2007. Further, Plaintiff failed to appear at the January 8, 2009 vs. ALAMEDA-CONTRA COSTA TRANSIT DISTRICT and Does 1-10, inclusive, Defendants. / CLOMMER HAWKINS, Plaintiff, No. C-06-2183 MEJ ORDER DISMISSING CASE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Order to Show Cause Hearing. Accordingly, pursuant to Federal Rule of Civil Procedure 41(b), the above-titled action is hereby DISMISSED WITH PREJUDICE. IT IS SO ORDERED.

Dated: January 8, 2009

MARIA-ELENA JAMES United States Magistrate Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Clommer Hawkins P.O. Box 1946 Oakland, CA 94604 Dated: January 8, 2009 CLOMMER HAWKINS, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV06-02183 MEJ CERTIFICATE OF SERVICE

ALAMEDA CONTRA COSTA TRANSIT DISTRICT et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on January 8, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk

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