Gilberto Ordonez-Bernal v. Jeff Sessions

Filing 14

ORDER OF DISMISSAL. Signed by Magistrate Judge Sallie Kim on 8/31/2017. (mklS, COURT STAFF) (Filed on 8/31/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GILBERTO ORDONEZ-BERNAL,
Plaintiff,

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JEFFERSON B. SESSIONS III, et al.,

Regarding Docket No. 13

Defendants.

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United States District Court
Northern District of California

ORDER OF DISMISSAL

v.

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Case No. 17-cv-01324-SK

On August 21, 2017, the Court issued an Order to Show Cause (“OSC”) to Plaintiff

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Gilberto Ordonez-Bernal based on his failure to appear at a case management conference

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(“CMC”) on the same date. The Court noted that the case was filed on March 13, 2017, but

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Plaintiff had not served Defendants, despite a prior extension permitting Plaintiff extra time to do

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so. Plaintiff neither requested nor received leave of Court to be excused from appearing at the

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August 21, 2017 case management conference. Instead, before the CMC on August 21, 2017,

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Plaintiff’s counsel had filed a statement that he was too busy to serve the complaint until after

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August 18, 2017. Pursuant to the OSC of August 21, 2017, the Court gave Plaintiff a deadline to

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file proof of service of this suit by August 28, 2017 and a deadline to file a response to the OSC by

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August 29, 2017.
The deadlines have since passed, and Plaintiff has filed neither proof of service nor a

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response to the OSC. Therefore, the Court HEREBY DISMISSES this action without prejudice
for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). A separate judgment
shall issue. The Clerk shall close the file.
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IT IS SO ORDERED.
Dated: August 31, 2017
______________________________________
SALLIE KIM
United States Magistrate Judge

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United States District Court
Northern District of California

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