Del Conte et al v. The State of California et al

Filing 14

ORDER OF DISMISSAL - This federal civil rights action is DISMISSED without prejudice for failing to prosecute. Signed by Judge William H. Orrick on 03/01/2016. (Attachments: # 1 Certificate/Proof of Service)(jmdS, COURT STAFF) (Filed on 3/1/2016)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 CARLO ANTONIO DEL CONTE, Plaintiff, Case No. 15-cv-04077-WHO (PR) 11 United States District Court Northern District of California v. ORDER OF DISMISSAL 12 13 THE STATE OF CALIFORNIA, et al., Defendants. 14 15 16 Plaintiff Del Conte has not filed an amended complaint by the deadline, which I 17 have extended twice: once on his motion, and once on my own. Dkt. Nos. 10 and 13. I 18 indicated in the last Order Extending Time that it was highly unlikely that I would allow a 19 further extension. Having received nothing from the plaintiff since then, this federal civil 20 rights action is DISMISSED without prejudice for failing to prosecute, see Fed. R. Civ. P. 21 41(b). Because this dismissal is without prejudice, Del Conte may move to reopen the 22 action. Any such motion must contain an amended complaint that comports with the 23 requirements set forth in the Order Dismissing the Complaint with Leave to Amend 24 (Docket No. 7). The Clerk shall enter judgment in favor of defendants, and close the file. 25 26 27 28 IT IS SO ORDERED. Dated: March 1, 2016 _________________________ WILLIAM H. ORRICK United States District Judge

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