Harris v. United Brotherhood of Carpenters and Joiners of America

Filing 34

ORDER. Signed by Judge Vince Chhabria on 9/30/2015. (knm, COURT STAFF) (Filed on 9/30/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHN H. HARRIS, Case No. 15-cv-02589-VC Plaintiff, 8 v. ORDER 9 10 11 UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, Re: Dkt. No. 33 United States District Court Northern District of California Defendant. 12 The Court is in receipt of the plaintiff's filing, titled "Reason for Missing Hearing," Dkt. 13 14 No. 33. The Court construes the filing as a Fed. R. Civ. P. 60(b) motion for relief from this 15 Court's September 24, 2015 order dismissing this case for failure to prosecute. The motion is 16 denied. 17 In addition, the Court notes that the plaintiff, to the extent he is seeking ERISA benefits, 18 appears to have named the wrong defendant. The dismissal of this lawsuit for failure to prosecute 19 is without prejudice to filing a separate lawsuit naming the proper defendant. The plaintiff is 20 encouraged to contact the JDC Legal Help Center for pro se litigants at 415-782-8982, or to visit 21 the Help Center's website at http://www.cand.uscourts.gov/helpcentersf for further information. 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: September 30, 2015 ______________________________________ VINCE CHHABRIA United States District Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHN H. HARRIS, Case No. 15-cv-02589-VC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 11 UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, United States District Court Northern District of California Defendant. 12 13 14 15 16 17 18 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 September 30, 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. 19 20 21 John H. Harris 550 24th Street #919 Oakland, CA 94612 22 23 Dated: September 30, 2015 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Kristen Melen, Deputy Clerk to the Honorable VINCE CHHABRIA 2

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