Williams v. California Highway Patrol et al

Filing 8

ORDER DISMISSING CASE. Signed by Judge Joseph C. Spero on 3/11/15. (klhS, COURT STAFF) (Filed on 3/11/2015)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

ROBERT LAWRENCE WILLIAMS,

7

Case No. 14-cv-03969-JCS (PR)

Plaintiff,
8

v.

ORDER OF DISMISSAL

9

CALIFORNIA HIGHWAY PATROL,
et al.,

11
United States District Court
Northern District of California

10

Defendants.

12

Plaintiff has failed to comply with the Court’s order to file an amended complaint.

13
14

Accordingly, the action is DISMISSED without prejudice for failing to respond to the

15

Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b).1 Because this

16

dismissal is without prejudice, plaintiff may move to reopen the action. Any such motion

17

must contain an amended complaint compliant with the Court’s instructions in the order

18

dismissing the complaint with leave to amend.

19

The Clerk shall enter judgment in favor of defendants, and close the file.

20

IT IS SO ORDERED.

21

Dated: March 11, 2015
_________________________
JOSEPH C. SPERO
Chief United States Magistrate Judge

22
23
24
25
26
27
28

1

Plaintiff consented to magistrate judge jurisdiction. (Compl. at 4.) The magistrate judge,
then, has jurisdiction to decide this motion, even though defendants have not been served
or consented to magistrate judge jurisdiction. See Neals v. Norwood, 59 F.3d 530, 532 (5th
Cir. 1995)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

ROBERT LAWRENCE WILLIAMS,

Case No. 14-cv-03969-JCS

Plaintiff,
8
v.

CERTIFICATE OF SERVICE

9
10

CALIFORNIA HIGHWAY PATROL, et al.,
Defendants.

United States District Court
Northern District of California

11
12
13
14
15

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 3/11/2015, 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.

16
17
18

Robert Lawrence Williams ID: 1118862
Northern Nevada Correctional Center
P.O. Box 7000
Carson City, NV 89702

19
20
21

Dated: 3/11/2015

22
23

Richard W. Wieking
Clerk, United States District Court

24
25
26

By:________________________
Karen Hom, Deputy Clerk to the
Honorable JOSEPH C. SPERO

27
28
2