Miller v. The Bank of New York et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 4/3/2012) (Additional attachment(s) added on 4/3/2012: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 JOELLE MILLER, 9 United States District Court For the Northern District of California 10 11 12 No. C 12-477 SI Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE v. BANK OF NEW YORK, et al., Defendants. / 13 14 On March 20, 2012, this case was reassigned to the undersigned judge. On March 19, 2012, 15 Magistrate Judge James issued a Report and Recommendation recommending that the Court dismiss 16 this case pursuant to Federal Rule of Civil Procedure 41(b) based on plaintiff’s failure to prosecute this 17 case and failure to comply with the Court’s deadlines and orders. No party has filed a response to the 18 Report and Recommendation. 19 This Court has reviewed the Report and Recommendation, and the files and records in this case. 20 This Court, like Judge James, finds that dismissal is appropriate for failure to prosecute and failure to 21 comply with the Court’s deadlines and orders. Accordingly, the Court hereby ADOPTS the Report and 22 Recommendation and DISMISSES this case without prejudice for failure to prosecute. See Fed. R. Civ. 23 Proc. 41(b). All pending motions are DENIED AS MOOT. 24 25 IT IS SO ORDERED. 26 27 28 Dated: April 3, 2012 SUSAN ILLSTON United States District Judge

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