Summers v. Turner et al

Filing 27

ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE. Signed by Judge Alsup on December 8, 2011. (whalc1, COURT STAFF) (Filed on 12/8/2011)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 CHRISTOPHER JAMAR SUMMERS, 11 For the Northern District of California United States District Court 10 Plaintiff, 12 13 No. C 11-04147 WHA v. ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE WELLS FARGO BANK NA, et al, 14 Defendants. / 15 16 Under FRCP 41(b), if a plaintiff fails to prosecute his case or to comply with a court 17 order, his action may be dismissed for failure to prosecute. Plaintiff, acting pro se, filed this 18 action claiming RICO violations and fraud related to defendants’ unlawful detainer action against 19 plaintiff in the Marin County Superior Court and his subsequent eviction. Plaintiff filed the initial 20 and first amended complaints in August 2011 (Dkt. Nos. 1, 6). Plaintiff then requested and was 21 granted leave to file a second amended complaint (Dkt. No. 16). Plaintiff never filed his second 22 amended complaint. In October 2011, an order was issued to remind plaintiff to file his second 23 amended complaint (Dkt. No. 19). Plaintiff did not respond. Plaintiff’s operative complaint was 24 incomprehensible and failed to state a legal cause of action. 25 Defendant Wells Fargo moved to dismiss the complaint, and a hearing on the motion was 26 noticed for December 15, 2011 (Dkt. No. 20). Plaintiff, however, failed to file an opposition to 27 the motion pursuant to Civil Local Rule 7-3. An order dated November 17, 2011, warned 28 plaintiff that his opposition brief was past due and set a new deadline by which plaintiff was permitted to 1 file the opposition brief: December 1 (Dkt. No. 23). The order also warned plaintiff that if he 2 failed to respond, defendant’s motion may be granted as unopposed. 3 To date, plaintiff has yet to file an opposition brief or to request leave to file a late brief; 4 he has not responded to defendant’s motion or the Court’s order in any way. Furthermore, 5 plaintiff failed to show up at today’s case management conference. 6 7 Plaintiff has failed to prosecute his case. This action will be DISMISSED FOR FAILURE TO PROSECUTE WITHOUT LEAVE TO AMEND. The CLERK SHALL CLOSE THE FILE. 8 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 Dated: December 8, 2011. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?