United States of America ex rel. et al v. Amgen Inc.

Filing 34

ORDER DISMISSING CASE FOR LACK OF PROSECUTION. Signed by Magistrate Judge Bernard Zimmerman on 1/5/2012. (bzsec, COURT STAFF) (Filed on 1/5/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 UNITED STATES OF AMERICA, ex) rel. SAMUEL J. MAY, et al., ) ) Plaintiff(s), ) ) v. ) ) AMGEN INC., a Delaware ) Corporation, ) ) Defendant(s). ) ) No. C10-2577 BZ ORDER DISMISSING CASE FOR LACK OF PROSECUTION 17 18 This case is a year and a half old. The United States 19 declined to intervene on September 24, 2010. 20 May has had ample opportunity to find new counsel. 21 31, 2011, he was provided with 60 more days to obtain counsel 22 and file a notice of appearance. 23 December 5, 2011. 24 been advised that he cannot maintain this case as a pro se 25 litigant, Stoner v. Santa Clara County Office of Education, 26 502 F.3d 1116, 1126-27 (9th Circ. 2007), and the court has 27 already provided Mr. May with extensions of time in which to 28 obtain counsel. Relator Samuel He was reminded of this on No appearance has been filed. (See Docket Nos. 21 and 27) 1 On October Mr. May has IT IS THEREFORE 1 ORDERED that this matter is DISMISSED WITHOUT PREJUDICE for 2 failure to prosecute. 3 Dated: January 5, 2012 4 5 6 Bernard Zimmerman United States Magistrate Judge 7 8 G:\BZALL\-BZCASES\UNDERSEAL V. UNDERSEAL (MAY V. AMGEN)\ORDER DISMISSING CASE.wpd 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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