Dominick v. Harris et al

Filing 49

ORDER DISMISSING CASE. Signed by Judge James Donato on 8/14/2018. (jdlc1S, COURT STAFF) (Filed on 8/14/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY DOMINICK,
Plaintiff,

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Case No.17-cv-04485-JD
ORDER DISMISSING CASE

v.
KAMALA D. HARRIS, et al.,
Defendants.

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On July 10, 2018, the Court dismissed with leave to amend the complaint filed by pro se

United States District Court
Northern District of California

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plaintiff Dominick. Dkt. No. 47. The order expressly advised him that failure to file an amended

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complaint by August 7, 2018 would result in dismissal of the case with prejudice under Federal

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Rule of Civil Procedure 41(b). Id. As of the date of this order, Dominick has not filed an

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amended complaint.

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The Court has considered the five factors set forth in Malone v. United States Postal

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Service, 833 F.2d 128, 130 (9th Cir. 1987). The Court finds that notwithstanding the public policy

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favoring the disposition of actions on their merits, the Court’s need to manage its docket and the

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public interest in the expeditious resolution of the litigation warrant dismissal of this action. There

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is no appropriate less drastic sanction in light of plaintiff’s failure to file an amended complaint in

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a timely manner. And as discussed in the prior dismissal order, the complaint was not a coherent

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statement of facts or claims.

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The case is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b) for

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plaintiff’s failure to prosecute.

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IT IS SO ORDERED.

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Dated: August 14, 2018

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JAMES DONATO
United States District Judge