Ely v. United States Department of Education

Filing 7

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE. Signed by Judge James Donato on 10/2/17. (lrcS, COURT STAFF) (Filed on 10/4/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MIKE JOHN ELY, Plaintiff, 8 9 ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE v. 10 UNITED STATES DEPARTMENT OF EDUCATION, 11 United States District Court Northern District of California Case No.17-cv-03006-JD Re: Dkt. No. 6 Defendant. 12 13 On May 24, 2017, Ely filed a complaint against the United States Department of Education 14 seeking an injunction against the collection of his student loans. He did not serve the complaint. 15 After ninety days had passed, the Court ordered Ely to show cause why this case should not be 16 dismissed for failure to prosecute. Dkt. No. 6. Ely did not respond to the order. Consequently, 17 the case is dismissed with prejudice for failure to prosecute. The Court has considered the five 18 factors in Malone v. United States Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). While our 19 policy favors the disposition of cases on their merits, Ely has shown no interest in pursuing his 20 claims and has disregarded the Court’s warning that the action would be dismissed if he failed to 21 respond. The Clerk is directed to close the file. 22 23 IT IS SO ORDERED. Dated: October 2, 2017 24 25 26 27 28 JAMES DONATO United States District Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 MIKE JOHN ELY, Case No. 17-cv-03006-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 UNITED STATES DEPARTMENT OF EDUCATION, 8 Defendant. 9 10 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 11 12 13 14 15 That on October 4, 2017, 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. 16 17 18 Mike John Ely 409 Simi Place Santa Rosa, CA 95409 19 20 Dated: October 4, 2017 21 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 27 28 2

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