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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LEIGH GLASS, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-02142-JD ORDER OF DISMISSAL v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, et al., Defendants. 12 13 This case has been inactive since May 9, 2018, when pro se plaintiff Leigh Glass filed a 14 case management statement asking that “scheduling be postponed” and “setting a trial date be 15 postponed,” to allow further attempts at settlement. Dkt. No. 61 at 4. Consequently, on 16 September 13, 2019, the Court issued an order for plaintiff Glass to show cause why the case 17 should not be dismissed under Federal Rule of Civil Procedure 41(b), for failure to prosecute. 18 Dkt. No. 63. The deadline for a response was September 25, 2019. No response has been filed. 19 Plaintiff has failed to show any cause why the case should not be dismissed and she 20 appears to have abandoned the case. While the Court favors the disposition of cases on the merits, 21 it has considered the five factors set forth in Malone v. United States Postal Service, 833 F.2d 128, 22 130 (9th Cir. 1987), and finds that dismissal here is warranted by the circumstances. The case is 23 dismissed without prejudice under Rule 41(b) and the file is closed. 24 25 IT IS SO ORDERED. Dated: October 7, 2019 26 27 28 JAMES DONATO United States District Judge

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