Byrd et al v. City and County of San Francisco et al

Filing 58

ORDER. Signed by Magistrate Judge Donna M. Ryu on 6/14/2012. (dmrlc2, COURT STAFF) (Filed on 6/14/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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JESSE J. BYRD,

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Plaintiff(s),
v.

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ORDER DISMISSING PLAINTIFF
CAREEM CONLEY’S COMPLAINT
WITHOUT PREJUDICE

SF CITY & COUNTY,

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No. C 11-01742 DMR

Defendant(s).
___________________________________/

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On April 8, 2011, Plaintiff Careem Conley, along with other plaintiffs, filed suit in this

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Court. [Docket No. 1.] Conley did not appear at the December 7, 2011 case management

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conference. [Docket No. 34.] The following day, the court issued an Order to Show Cause,

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instructing him to submit by December 28, 2011 a written statement explaining his failure to appear

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at the hearing and to otherwise participate in this case. [Docket No. 36.] Conley did not respond.

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On January 6, 2012, the court issued another Order to Show Cause, demanding that Conley explain

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by January 27, 2012 why his claims should not be dismissed and default entered against him on

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Defendant City and County of San Francisco’s counterclaim for his failure to participate in this

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litigation. [Docket No. 41.] On January 27, 2012, Conley responded to the order and asked the

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court to not dismiss his claims. [Docket No. 42.] Four days later, the court discharged the second

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Order to Show Cause and ordered Conley to file an answer to Defendant City and County of San

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Francisco’s counter-claim against him by February 15, 2012. [Docket No. 43.] Conley did not file

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an answer. The court held a further case management conference on June 13, 2012, and Conley

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failed to appear. [Docket No. 57.]

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Because of Plaintiff Conley’s continuing failures to prosecute his case, the court hereby

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dismisses his complaint without prejudice. This order does not affect any pending counterclaims

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against him.

For the Northern District of California

M. Ryu

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RN

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onna
Judge D

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DONNA M. RYU
United States Magistrate Judge
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United States District Court

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Dated: June 14, 2012

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D

RDERE

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IT IS S

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IT IS SO ORDERED.

UNIT
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