Wright v. Chiang et al
Filing
26
ORDER GRANTING 21 MOTION TO DISMISS AS UNOPPOSED (whalc2, COURT STAFF) (Filed on 1/13/2009) (Additional attachment(s) added on 1/14/2009: # 1 Certificate of Service) (dt, COURT STAFF). Modified on 1/14/2009 (sis, COURT STAFF).
1 2 3 4 5 6 7 8 9 10 ERNEST WRIGHT, Plaintiff, v. JOHN CHIANG, STATE CONTROLLER, JEFFREY V. BROWNFIELD, CHIEF DIVISION OF AUDITS, MATTHEW MIRANDA, FIELD AUDITOR, AND DOES 1XX, Defendants. / ORDER GRANTING MOTION TO DISMISS AS UNOPPOSED No. C 08-03134 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
11
For the Northern District of California
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Plaintiff, acting pro se, filed this action claiming civil rights violations related to defendants' alleged failure to re-appoint him as a probate referee. Defendants moved to dismiss the first amended complaint, and a hearing on the motion was noticed for January 15, 2009. Plaintiff, however, failed to file an opposition to the motion pursuant to Civil Local Rule 7-3. An order dated January 6, 2009, warned plaintiff that his opposition brief was past due and set a new deadline by which plaintiff was permitted to file the opposition brief: January 9, 2009 (Dkt. No. 24).1 The order also warned plaintiff that if he failed to respond, defendants' motion may be granted as unopposed.
1
The order erroneously listed the deadline as January 9, 2008.
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To date, plaintiff has yet to file an opposition brief or to request leave to file a late brief; he has not responded to defendants' motion or the Court's order in any way. Plaintiff has failed to prosecute his case. Defendants' motion to dismiss is therefore GRANTED as unopposed. The hearing scheduled for January 22, 2009, is hereby VACATED. JUDGMENT will be entered in defendants' favor unless plaintiff responds within TEN
CALENDAR DAYS from
the date of entry of this order and shows cause why judgment should not
be entered.
IT IS SO ORDERED.
United States District Court
11
For the Northern District of California
Dated: January 13, 2009
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WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
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