Hutchins v. Alameda County et al

Filing 26

ORDER DISMISSING PLAINTIFF'S COMPLAINT AGAINST DEFENDANTS COUNTY OF ALAMEDA AND COUNTY OF ALAMEDA SHERIFF'S FOR FAILURE TO PROSECUTE ACTION, Motions terminated: 24 MOTION to Dismiss First Amended Complaint filed by Alameda County, County of Alameda Sheriff Deputies. The 6/19/12 Hearing date is VACATED.. Signed by Judge Yvonne Gonzalez Rogers on 6/1/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 6/1/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 JOHN FRANCIS HUTCHENS, 8 9 10 11 Plaintiff, v. ALAMEDA COUNTY, et al., Case No.: 4:11-cv-06478-YGR ORDER DISMISSING PLAINTIFF’S COMPLAINT AGAINST DEFENDANTS ALAMEDA COUNTY AND COUNTY OF ALAMEDA SHERIFF’S FOR FAILURE TO PROSECUTE ACTION Defendants. Northern District of California United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On April 23, 2012, Defendants Alameda County and County of Alameda Sheriff’s filed a Motion to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(6). (Dkt. No. 24.) Plaintiff’s opposition was due on May 10, 2012. Civ. L.R. 7-3 & 5-5(a)(2). The hearing on the Motion to Dismiss, which had been re-set by the Court, is currently scheduled for June 19, 2012. (Dkt. No. 25.) After failing to file any opposition, the Court, on May 15, 2012, ordered Plaintiff to respond to the Motion to Dismiss by May 29, 2012, or face dismissal of the action for failure to prosecute. (Dkt. No. 25.) To date, Plaintiff has failed to respond. Because Plaintiff has failed to prosecute this lawsuit, Plaintiff’s complaint against Defendants Alameda County and County of Alameda Sheriff’s is DISMISSED WITHOUT PREJUDICE. This Order terminates Docket No. 24 and VACATES the June 19, 2012 hearing. IT IS SO ORDERED. 26 27 28 Dated: June 1, 2012 _________________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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