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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LARRY RICHARDS, Case No. 14-cv-03296-RS Plaintiff, 8 v. ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE 9 10 SHAUN DONOVAN, et al., Defendants. United States District Court Northern District of California 11 12 13 On July 28, 2014, plaintiff Larry Richards informed the Court that the original complaint 14 was filed in error and requested 30 days to file an amended complaint. Richards’ request was 15 granted; however, no amendment was received by the date indicated. The Court issued a further 16 order providing that no later than September 15, 2014, Richards was to file either (1) a voluntary 17 dismissal of this action; (2) an amended complaint; or (3) a statement that he intends to stand on 18 the original complaint. The Court further informed Richards that if he failed to file anything on 19 or before September 15, 2014, this action would be dismissed without further notice for failure to 20 prosecute. 21 “When considering whether to dismiss a case for lack of prosecution, the district court 22 must weigh the court’s need to manage its docket, the public interest in expeditious resolution of 23 litigation, and the risk of prejudice to the defendants against the policy favoring disposition of 24 cases on their merits, and the availability of less drastic sanctions.” Ash v. Cvetkov, 739 F.2d 493, 25 496 (9th Cir. 1984). Having considered the five factors set forth in Ash, and in view of plaintiff’s 26 lack of response to this Court’s prior orders, dismissal is the appropriate course in this matter. 27 Accordingly, this action is dismissed with prejudice pursuant to Rule 41(b) of the Federal Rules of 28 Civil Procedure for plaintiff’s failure to prosecute. 1 2 IT IS SO ORDERED. 3 4 5 6 Dated: September 22, 2014 ______________________________________ ______________________________________ _ _ __ RICHARD SEEBORG United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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