Ross v. Express Global

Filing 12

ORDER DISMISSING CASE. Signed by Judge Laurel Beeler on 02/24/2017. (Attachments: # 1 Certificate/Proof of Service)(rxmS, COURT STAFF) (Filed on 2/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

United States District Court
Northern District of California

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FRANCOIS ROSS,

Case No. 16-cv-06857-LB

Plaintiff,

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ORDER DISMISSING THE CASE
WITHOUT PREJUDICE

v.

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EXPRESS GLOBAL,
Defendant.

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Francois Ross filed an initial complaint for employment discrimination under Title VII of the

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Civil Rights Act of 1964.1 The court granted Mr. Ross’s in forma pauperis application and, under

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28 U.S.C. § 1915, sua sponte dismissed the complaint for failure to state a claim and granted leave

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to amend by January 9, 2017.2 The court warned Mr. Ross that if he did not amend his complaint,

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his case would be dismissed without prejudice for failure to prosecute.3
Mr. Ross then filed an amended complaint, consisting of two pages of handwritten

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allegations.4 As before, the court reviewed Mr. Ross’s amended complaint sua sponte under

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Compl. – ECF No. 1.

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Order – ECF No. 8.

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Id.

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Amended Compl. – ECF No. 9.

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ORDER — No. 16-cv-06857-LB

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§ 1915 and dismissed it for failure to state a claim.5 The court granted Mr. Ross leave to file a

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second amended complaint by January 30, 2017, and again warned him that his case would be

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dismissed without prejudice if he did not file a new complaint.6 Mr. Ross has not filed a second

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amended complaint.
The court therefore dismisses without prejudice Mr. Ross’s case for failure to prosecute. The

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court directs the Clerk of the Court to close the file.

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IT IS SO ORDERED.

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Dated: February 24, 2017
______________________________________
LAUREL BEELER
United States Magistrate Judge

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United States District Court
Northern District of California

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Order – ECF No. 10.

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Id.

ORDER — No. 16-cv-06857-LB

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