Glass v. U.S. Department of Housing and Urban Development

Filing 64

ORDER OF DISMISSAL. Signed by Judge James Donato on 10/7/2019. (jdlc2S, COURT STAFF) (Filed on 10/7/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LEIGH GLASS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-02142-JD
ORDER OF DISMISSAL

v.
U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, et al.,
Defendants.

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This case has been inactive since May 9, 2018, when pro se plaintiff Leigh Glass filed a

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case management statement asking that “scheduling be postponed” and “setting a trial date be

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postponed,” to allow further attempts at settlement. Dkt. No. 61 at 4. Consequently, on

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September 13, 2019, the Court issued an order for plaintiff Glass to show cause why the case

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should not be dismissed under Federal Rule of Civil Procedure 41(b), for failure to prosecute.

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Dkt. No. 63. The deadline for a response was September 25, 2019. No response has been filed.

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Plaintiff has failed to show any cause why the case should not be dismissed and she

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appears to have abandoned the case. While the Court favors the disposition of cases on the merits,

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it has considered the five factors set forth in Malone v. United States Postal Service, 833 F.2d 128,

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130 (9th Cir. 1987), and finds that dismissal here is warranted by the circumstances. The case is

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dismissed without prejudice under Rule 41(b) and the file is closed.

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IT IS SO ORDERED.
Dated: October 7, 2019

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JAMES DONATO
United States District Judge