Rodriguez v. Santa Clara County-Main Jail

Filing 22

ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 1/23/13. (jjoS, COURT STAFF) (Filed on 1/23/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 MARIO ALBERTO RODRIGUEZ, JR., 11 For the Northern District of California United States District Court 10 Plaintiff, No. C 12-04033 JSW v. 12 SANTA CLARA COUNTY MAIN JAIL, 13 ORDER OF DISMISSAL Defendant. / 14 15 On December 10, 2012, this Court issued its second order to show cause why this 16 matter should not be dismissed for failure to prosecute. Plaintiff, appearing pro se, has failed to 17 respond to the outstanding order to show cause. The order required a written response by no 18 later than January 11, 2013. Plaintiff was admonished that failure to respond to the order to 19 show cause would result in dismissal of this action for failure to prosecute. 20 Now the Court has received notice from Defendant that Plaintiff has failed to appear at 21 his properly notice deposition set for January 14, 2013 . Although Plaintiff proceeds pro se, he 22 is obligated to prosecute his case and respond to outstanding discovery obligations. 23 Accordingly, this matter is DISMISSED for failure to prosecute pursuant to Federal 24 Rule of Civil Procedure 41(b). The Court shall issue a separate judgment and the Clerk may 25 close the file. 26 27 28 1 IT IS SO ORDERED. Dated: January 23, 2013 2 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 3 4 UNITED STATES DISTRICT COURT 5 FOR THE 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 MARIO ALBERTO RODRIGUEZ JR., Case Number: CV12-04033 JSW Plaintiff, CERTIFICATE OF SERVICE 9 10 For the Northern District of California United States District Court v. 11 12 13 SANTA CLARA COUNTY MAIN JAIL et al, Defendant. / 14 15 16 17 18 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on January 23, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 19 20 21 Mario Alberto Rodriguez P.O. Box 12945 Fresno, CA 93779 22 23 24 Dated: January 23, 2013 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk 25 26 27 28 2

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