Donelson v. O'Callaghan et al

Filing 18

ORDER DISMISSING CASE. Signed by Judge Hamilton on 7/23/2012. (pjhlc1, COURT STAFF) (Filed on 7/23/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY DONELSON,
Plaintiffs,

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v.

ORDER DISMISSING CASE

JAMES O’CALLAHGAN, et al.,

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For the Northern District of California

United States District Court

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No. C 12-0725 PJH

Defendants.
_______________________________/

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On June 14, 2012, following plaintiff Anthony Donelson’s failure to appear at a

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scheduled case management conference, the court issued an order to show cause (“OSC”)

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why the above-entitled action should not be dismissed pursuant to Federal Rule of Civil

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Procedure 41(b) for failure to prosecute, and pursuant to Federal Rule of Civil Procedure

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4(m) for failure to serve the defendants within 120 days of filing the complaint.

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The OSC ordered plaintiff to appear at the Federal Courthouse on July 5, 2012, at

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2:00 p.m., and cautioned that if plaintiff failed to appear, the case would be dismissed for

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failure to prosecute. Plaintiff did not appear at the hearing on the OSC on July 5, 2012 as

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ordered. Nor did he file an opposition to the defendants’ pending motion to dismiss, which

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is presently set for hearing on August 8, 2012.

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The court having considered the five factors set forth in Malone v. United States

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Postal Service, 833 F.2d 128, 130 (9th Cir. 1987), and having determined that

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notwithstanding the public policy favoring the disposition of actions on their merits, the

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court's need to manage its docket and the public interest in the expeditious resolution of the

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litigation require dismissal of this action. In view of plaintiff's lack of response to this court's

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prior order(s), the court finds there is no appropriate less drastic sanction. Accordingly, this

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action is dismissed pursuant to Fed. R. Civ. pro. 41(b) for plaintiff's failure to prosecute.
The August 8, 2012 hearing date is VACATED.

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IT IS SO ORDERED.

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Dated: July 23, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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