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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MIKE JOHN ELY,
Plaintiff,

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ORDER DISMISSING CASE FOR
FAILURE TO PROSECUTE

v.

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UNITED STATES DEPARTMENT OF
EDUCATION,

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United States District Court
Northern District of California

Case No.17-cv-03006-JD

Re: Dkt. No. 6

Defendant.

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On May 24, 2017, Ely filed a complaint against the United States Department of Education

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seeking an injunction against the collection of his student loans. He did not serve the complaint.

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After ninety days had passed, the Court ordered Ely to show cause why this case should not be

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dismissed for failure to prosecute. Dkt. No. 6. Ely did not respond to the order. Consequently,

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the case is dismissed with prejudice for failure to prosecute. The Court has considered the five

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factors in Malone v. United States Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). While our

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policy favors the disposition of cases on their merits, Ely has shown no interest in pursuing his

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claims and has disregarded the Court’s warning that the action would be dismissed if he failed to

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respond. The Clerk is directed to close the file.

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IT IS SO ORDERED.
Dated: October 2, 2017

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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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MIKE JOHN ELY,

Case No. 17-cv-03006-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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UNITED STATES DEPARTMENT OF
EDUCATION,

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Defendant.

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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 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.

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Mike John Ely
409 Simi Place
Santa Rosa, CA 95409

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Dated: October 4, 2017

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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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