Gerold v. United States Government, et al

Filing 9

ORDER of Dismissal. Signed by Judge Hamilton on 2/1/2008. (pjhlc2, COURT STAFF) (Filed on 2/1/2008) (Additional attachment(s) added on 2/4/2008: # 1 Certificate of Service) (nah, COURT STAFF).

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Gerold v. United States Government, et al Doc. 9 Case 3:07-cv-04004-PJH Document 9 Filed 02/01/2008 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 ERIC GEROLD, Plaintiff, v. UNITED STATES GOVERNMENT, et al., Defendants. _______________________________/ On January 8, 2008, this court dismissed without prejudice plaintiff's complaint and application to proceed in forma pauperis. Plaintiff was advised to file an amended complaint no later than January 28, 2008. Plaintiff failed to file an amended complaint by that date. The court has considered the five factors set forth in Malone v. United States Postal Service, 833 F.2d 128, 130 (9th Cir. 1987), and has determined that notwithstanding the public policy favoring the disposition of actions on their merits, the court's need to manage its docket and the public interest in the expeditious resolution of the instant litigation require dismissal of this action. In view of plaintiff's lack of response to this court's prior order, the court finds there is no appropriate less drastic sanction. Accordingly, this action is DISMISSED with prejudice pursuant to Fed. R. Civ. Pro. 41(b) for plaintiff's failure to prosecute. IT IS SO ORDERED. Dated: February 1, 2008 ______________________________ PHYLLIS J. HAMILTON United States District Judge No. C 07-4004 PJH ORDER OF DISMISSAL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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