Milano v. City of Walnut Creek et al

Filing 13

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 10/7/11. (cl, COURT STAFF) (Filed on 10/7/2011)

*E-Filed 10/7/11*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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No. C 11-01516 RS

GARY MILANO,

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For the Northern District of California

United States District Court

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ORDER OF DISMISSAL

Plaintiff,
v.
CITY OF WALNUT CREEK, et al.,
Defendants.
____________________________________/

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On March 29, 2011, pro se plaintiff Gary Milano filed a complaint against defendants City

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of Walnut Creek, Sgt. M. McLaughlin, Officer R. Dickey, and Robert Taylor. Milano did not serve

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any of the defendants with the summons and complaint as required by Federal Rule of Civil

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Procedure 4 and therefore none have appeared. Although he subsequently filed a First Amended

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Complaint on June 24, 2011, he never served the defendants. Furthermore, Milano failed to appear

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at the initial Case Management Conference, which was held on September 1, 2011. Milano was

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ordered to show cause in writing why this case should not be dismissed for failure to prosecute, to

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which he did not respond. A hearing was held on October 6, 2011, and Milano again did not appear.

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The case is therefore DISMISSED for failure to prosecute under Federal Rule of Civil Procedure

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41(b). The clerk shall enter judgment in favor of defendant and close the file.

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No. C 11-01516 RS
ORDER OF DISMISSAL

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IT IS SO ORDERED.

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Dated: 10/07/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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No. C 11-01516 RS
ORDER OF DISMISSAL

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THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:
Gary Lee Milano
3710 Lone Tree Way, #113
Antioch, CA 94509

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DATED: 10/7/11
/s/ Chambers Staff
Chambers of Judge Richard Seeborg

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For the Northern District of California

United States District Court

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No. C 11-01516 RS
ORDER OF DISMISSAL