Johnson v. Sutter Delta Medical Center

Filing 27


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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 CARMELIA JOHNSON, 9 United States District Court For the Northern District of California 10 No. C 11-03628 SI Plaintiff, ORDER GRANTING DEFENDANT’S MOTION TO DISMISS v. 11 SUTTER DELTA MEDICAL CENTER, 12 Defendant. / 13 14 On November 9, 2011, the Court granted defendant Sutter Delta Medical Center’s motion to 15 dismiss pro se and in forma pauperis plaintiff Carmelia Johnson’s complaint, alleging racial 16 discrimination during her visit to defendant’s emergency room. The Court granted plaintiff leave to file 17 an amended complaint by December 9, 2011. Plaintiff did not file an amended complaint, nor did she 18 contact the Court in any way. On December 21, 2011, defendant filed a motion to dismiss plaintiff’s 19 claims against it pursuant to Fed. R. Civ. P. 41(b), which states that, “[i]f a plaintiff fails to prosecute 20 or to comply with these rules or a court order; a defendant may move to dismiss the action or any claim 21 against it. Unless the dismissal order states otherwise, a dismissal under this subdivision . . . operates 22 as an adjudication on the merits.” Defendant’s motion was set for hearing on February 3, 2012. 23 Plaintiff did not oppose defendant’s motion, nor did she appear at the hearing. 24 Because plaintiff failed to file an amended complaint, oppose defendant’s December 21, 2011 25 motion to dismiss, or appear at the hearing on that motion, defendant’s motion is GRANTED and 26 plaintiff’s federal claims against defendant are DISMISSED WITH PREJUDICE, pursuant to Fed. R. 27 Civ. P. 41(b). In its November 9, 2011 Order, the Court dismissed plaintiff’s action for failure to state 28 a claim under the Fourteenth Amendment, and advised plaintiff that “tort actions against non-state actors 1 can be brought in state court.” See Doc. 21. The Court here dismisses with prejudice plaintiff’s federal 2 claims only; she is again advised that claims against non-state actors may be brought in state court. 3 4 IT IS SO ORDERED. 5 6 Dated: February 3, 2012 SUSAN ILLSTON United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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