Sullivan v. Philip Morris USA, Inc. et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 4/1/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 4/1/2014)

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1 2 *E-Filed 4/1/14* 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 United States District Court For the Northern District of California 10 MANSE SULLIVAN, for Mrs. Walter Mae Smith, ORDER OF DISMISSAL 11 12 No. C 13-5173 RS (PR) Plaintiff, v. 13 PHILIP MORRIS USA, INC, and 14 ALTIRA GROUP, INC., 15 Defendants. / 16 17 Plaintiff has failed to comply with the Court’s order to file an amended complaint. 18 Accordingly, the action is DISMISSED without prejudice for failing to respond to the 19 Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). Because this dismissal 20 is without prejudice, plaintiff may move to reopen the action. Any such motion must contain 21 an amended complaint that addresses the deficiencies discussed in the order dismissing the 22 complaint with leave to amend. Plaintiff’s motion to extend time (Docket No. 4) is 23 DENIED. The Clerk shall terminate Docket No. 4, enter judgment in favor of defendants, 24 and close the file. 25 26 27 IT IS SO ORDERED. DATED: April 1, 2014 RICHARD SEEBORG United States District Judge 28 No. C 13-5173 RS (PR) ORDER OF DISMISSAL

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