Sanders v. Gurnett et al

Filing 27

ORDER by Judge Charles R. Breyer granting 15 Motion to Dismiss (crblc2, COURT STAFF) (Filed on 6/22/2010)

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1 2 3 4 5 6 7 8 9 10 United 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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JUANITA R. SANDERS, Plaintiff, v. DAVID GURNETT, et al., Defendants. / No. C 09-3032 CRB ORDER GRANTING MOTION TO DISMISS For the reasons discussed at the hearing on December 18, 2009, and the reasons stated in Defendants' memorandum, Defendants' motion to dismiss is GRANTED. Plaintiff's claims are clearly time barred, and no amendment could remedy such a flaw. Moreover, despite being granted a lengthy extension, Plaintiff failed to oppose Defendants' motion, and similarly failed to appear in Court. Therefore, based both upon the legal infirmities in Plaintiff's case and her failure to prosecute her claim as required by the Federal Rules of Civil Procedure, this case is DISMISSED. IT IS SO ORDERED. Dated: June 22, 2010 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE G:\CRBALL\2009\3032\Order DISMISSING.wpd

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