Villalta v. Bardini

Filing 14

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 9/2/08. (lrc, COURT STAFF) (Filed on 9/3/2008)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. EMILIA BARDINE, Director San Francisco Asylum Office, Defendant. / SELOMI M. VILLALTA, Plaintiff, No. C 06-4087 SBA ORDER THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

On June 30, 2006, plaintiff filed a complaint [Docket No. 1] and a Motion for Leave to Proceed in forma pauperis [Docket No. 3]. On August 9, 2006, this Court denied plaintiff's Motion for Leave to Proceed in forma pauperis and dismissed the complaint for failure to state a claim [Docket No. 4]. On June 29, 2007, plaintiff filed an amended complaint [Docket No. 7]. Because no defendant had been served pursuant to Rule 4 of the Federal Rules of Civil Procedure because a summons had not been issued in this case, see Fed. R. Civ. P. 4(c), on June 11, 2008, the Court ordered plaintiff to appear on July 9, 2008 and show cause why the above-captioned case should not be dismissed without prejudice for failure to prosecute [Docket No. 9]. On July 9, 2008, plaintiff's alleged daughter appeared at the hearing pursuant to the order to show cause and advised the Court that the plaintiff had been deported [Docket No. 11]. Accordingly, this action is DISMISSED without prejudice for failure to prosecute. The Clerk of Court is directed to CLOSE the case file and any pending matters related to it. All matters calendared in this matter and all related matters are VACATED IT IS SO ORDERED. Dated: 9/2/08 SAUNDRA BROWN ARMSTRONG United States District Judge

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SELOMI M. VILLALTA, Plaintiff, v. EMILIA BARDINI et al, Defendant. /

Case Number: CV06-04087 SBA CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 3, 2008, 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.

Selomi M. Villalta P.O. Box 11251 San Rafael, CA 94912 Dated: September 3, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

2