McGee v. McDonald

Filing 18

ORDER DISMISSING CASE. Signed by Judge James Donato on 9/25/19. (lrcS, COURT STAFF) (Filed on 9/25/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TYRONE MCGEE,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-03843-JD

ORDER OF DISMISSAL

v.
ROBERT A. MCDONALD, et al.,
Defendants.

No defendant has filed a response to plaintiff’s amended complaint, and nothing has

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happened in this case since September 2017. Consequently, on September 6, 2019, the Court

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issued an order for plaintiff McGee to show cause why the case should not be dismissed under

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Federal Rule of Civil Procedure 41(b), for failure to prosecute. Dkt. No. 17. The deadline for a

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response was September 23, 2019. Id. No response has been filed.

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

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

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considered the five factors set forth in Malone v. United States Postal Service, 833 F.2d 128, 130

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(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 will be closed.

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IT IS SO ORDERED.
Dated: September 25, 2019

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TYRONE MCGEE,

Case No. 16-cv-03843-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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ROBERT A. MCDONALD, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on September 25, 2019, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Tyrone McGee
P.O. Box 32211
Oakland, CA 94604

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Dated: September 25, 2019

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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