Wilson v. Donovan et al

Filing 18

ORDER RE STATUS. Signed by Judge Maria-Elena James on 7/28/2011. (cdnS, COURT STAFF) (Filed on 7/28/2011)

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1 2 UNITED STATES DISTRICT COURT 3 Northern District of California 4 5 VICTOR T. WILSON, 6 No. C 10-05950 MEJ Plaintiff, v. ORDER RE STATUS 7 8 9 SHAUN DONOVAN, Secretary of the U.S. Department of Housing and Urban Development, WILLIAM M. ELSBURY, KIMBERLY Y. NASH, and DOES 1 through 100, 10 Defendants. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 On May 18, 2011, the Court granted Defendant Shaun Donovan’s Motion to Dismiss 14 Plaintiff Victor Wilson’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Dkt. No. 15 16. However, because the Court found that Plaintiff may cure the pleading deficiencies as outlined 16 in the May 18 Order, the Court granted Plaintiff leave to file a First Amended Complaint within 14 17 days of the Order. Plaintiff has failed to file any amended complaint. Accordingly, the Court 18 ordered Plaintiff Victor T. Wilson to show cause why this case should not be dismissed with 19 prejudice for failure to prosecute. Although Plaintiff failed to respond to the order to show cause, 20 counsel for Defendants appeared at the hearing on July 28, 2011, and informed the Court that this 21 matter had settled as part of another case. Accordingly, the Court hereby ORDERS the parties to 22 file a stipulation for dismissal or joint status report by August 25, 2011. If Plaintiff does not 23 contribute to the dismissal or status report filing, this case shall be dismissed with prejudice. 24 IT IS SO ORDERED. 25 26 27 28 Dated: July 28, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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