Cohens v. United States Federal Bureau of Investigation

Filing 20

ORDER DISMISSING CASE. Signed by Judge James Donato on 9/19/2017. (jdlc1S, COURT STAFF) (Filed on 9/19/2017)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

EDWIN J. COHENS,
Plaintiff,

8
9

ORDER DISMISSING CASE FOR
FAILURE TO PROSECUTE

v.

10

UNITED STATES FEDERAL BUREAU
OF INVESTIGATION,

11
United States District Court
Northern District of California

Case No.16-cv-03665-JD

Re: Dkt. No. 19

Defendant.

12
13

On March 31, 2017, the Court dismissed Cohen’s complaint entitled “FOIA Request

14

Under Freedom of Information Act” and consisting in substance of an initial request for

15

information such as “what is the name of the [] device you use for sleep deprivation of the

16

plaintiff?” and what information did “people used as snitches/informants against him” provide?

17

Dkt. No. 18. Cohens was given until April 14, 2017 to file an amended complaint, but he has not

18

done so. On September 5, 2017 the Court ordered Cohens to show cause why this case should not

19

be dismissed for failure to prosecute. Dkt. No. 19. Cohens did not respond to the order.

20

Consequently, the case is dismissed with prejudice for failure to prosecute. The Court has

21

considered the five factors in Malone v. United States Postal Service, 833 F.2d 128, 130 (9th Cir.

22

1987). While our policy favors the disposition of cases on their merits, Cohens has shown no

23

interest in pursuing his claims and has disregarded the Court’s warning that the action would be

24

dismissed if he failed to respond. The Clerk is directed to close the file.

25
26

IT IS SO ORDERED.
Dated: September 19, 2017

27
28

JAMES DONATO
United States District Judge