Johnson v. Sutter Delta Medical Center

Filing 27

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS (Illston, Susan) (Filed on 2/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CARMELIA JOHNSON,

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United States District Court
For the Northern District of California

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No. C 11-03628 SI

Plaintiff,

ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS

v.

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SUTTER DELTA MEDICAL CENTER,

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Defendant.

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On November 9, 2011, the Court granted defendant Sutter Delta Medical Center’s motion to

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dismiss pro se and in forma pauperis plaintiff Carmelia Johnson’s complaint, alleging racial

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discrimination during her visit to defendant’s emergency room. The Court granted plaintiff leave to file

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an amended complaint by December 9, 2011. Plaintiff did not file an amended complaint, nor did she

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contact the Court in any way. On December 21, 2011, defendant filed a motion to dismiss plaintiff’s

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claims against it pursuant to Fed. R. Civ. P. 41(b), which states that, “[i]f a plaintiff fails to prosecute

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or to comply with these rules or a court order; a defendant may move to dismiss the action or any claim

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against it. Unless the dismissal order states otherwise, a dismissal under this subdivision . . . operates

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as an adjudication on the merits.” Defendant’s motion was set for hearing on February 3, 2012.

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Plaintiff did not oppose defendant’s motion, nor did she appear at the hearing.

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Because plaintiff failed to file an amended complaint, oppose defendant’s December 21, 2011

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motion to dismiss, or appear at the hearing on that motion, defendant’s motion is GRANTED and

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plaintiff’s federal claims against defendant are DISMISSED WITH PREJUDICE, pursuant to Fed. R.

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Civ. P. 41(b). In its November 9, 2011 Order, the Court dismissed plaintiff’s action for failure to state

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a claim under the Fourteenth Amendment, and advised plaintiff that “tort actions against non-state actors

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can be brought in state court.” See Doc. 21. The Court here dismisses with prejudice plaintiff’s federal

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claims only; she is again advised that claims against non-state actors may be brought in state court.

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IT IS SO ORDERED.

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Dated: February 3, 2012
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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