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).

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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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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