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)

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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

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