Richards v. Donovan et al

Filing 12

ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE. Signed by Judge Richard Seeborg on 9/22/14. (cl, COURT STAFF) (Filed on 9/22/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LARRY RICHARDS,

Case No. 14-cv-03296-RS

Plaintiff,
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v.

ORDER OF DISMISSAL FOR FAILURE
TO PROSECUTE

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SHAUN DONOVAN, et al.,
Defendants.

United States District Court
Northern District of California

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On July 28, 2014, plaintiff Larry Richards informed the Court that the original complaint

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was filed in error and requested 30 days to file an amended complaint. Richards’ request was

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granted; however, no amendment was received by the date indicated. The Court issued a further

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order providing that no later than September 15, 2014, Richards was to file either (1) a voluntary

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dismissal of this action; (2) an amended complaint; or (3) a statement that he intends to stand on

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the original complaint. The Court further informed Richards that if he failed to file anything on

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or before September 15, 2014, this action would be dismissed without further notice for failure to

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prosecute.

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“When considering whether to dismiss a case for lack of prosecution, the district court

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must weigh the court’s need to manage its docket, the public interest in expeditious resolution of

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litigation, and the risk of prejudice to the defendants against the policy favoring disposition of

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cases on their merits, and the availability of less drastic sanctions.” Ash v. Cvetkov, 739 F.2d 493,

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496 (9th Cir. 1984). Having considered the five factors set forth in Ash, and in view of plaintiff’s

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lack of response to this Court’s prior orders, dismissal is the appropriate course in this matter.

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Accordingly, this action is dismissed with prejudice pursuant to Rule 41(b) of the Federal Rules of

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Civil Procedure for plaintiff’s failure to prosecute.

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IT IS SO ORDERED.

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Dated: September 22, 2014
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RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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