Barbieri v. Freitas et al

Filing 31


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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 RONALD JAMES BARBIERI, 11 For the Northern District of California United States District Court 10 12 13 No. C 12-06311 WHA Plaintiff, v. ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE 14 STEVEN FREITAS, SONOMA COUNTY SHERIFF’S DEPARTMENT, KATHRYN STRALEY, and DOES 1-15, 15 Defendants. / 16 17 Pro se plaintiff Ronald James Barbieri filed the complaint in this action on December 12, 18 2012. On December 31, defendants filed a motion to dismiss the complaint. Following 19 reassignment to Judge Claudia Wilken, the action was then reassigned to the undersigned judge 20 as related to Barbieri v. PWFG Reo Owner, LLC et al., No. 12-5252-WHA. Defendants filed an 21 amended motion to dismiss on January 9, 2013. Pursuant to Local Rule 7-3, plaintiff’s response 22 was due seventeen days thereafter, because service was via United States mail. No response was 23 received. On January 31, plaintiff was ordered to show cause why the motion to dismiss should 24 not be granted, particularly in light of the fact that the related action, Barbieri v. PWFG Reo 25 Owner, LLC et al., was dismissed for failure to prosecute and judgment was entered against 26 plaintiff. 27 28 Plaintiff’s response to the order to show cause was due by February 8. That deadline has come and gone and no response has been received. Plaintiff was previously warned that failure to timely respond may result in the motion to dismiss being granted or the action being dismissed 1 for failure to prosecute. Plaintiff has been on notice of defendants’ motion to dismiss since 2 December 12, and of the amended motion since January 9. He has failed to respond to the 3 motion, and to this Court’s order to show cause. 4 5 Accordingly, the action is hereby DISMISSED FOR FAILURE TO PROSECUTE. Judgment will be entered by separate order. 6 7 IT IS SO ORDERED. 8 9 Dated: February 12, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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