Sampson v. Lauretta et al

Filing 35

ORDER DISMISSING CASE. Signed by Judge Kandis A. Westmore on January 8, 2013. (kawlc2, COURT STAFF) (Filed on 1/8/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 KRISTA SAMPSON, 9 Plaintiff, Case No.: C-4:12-3400 KAW ORDER DISMISSING CASE 10 11 Northern District of California United States District Court 12 13 vs. LISA LAURETTA, et al., Defendants. 14 15 Plaintiff Krista Sampson is proceeding in this case without an attorney. On January 3, 2012, 16 after Plaintiff failed to file an opposition to Defendants' motion to dismiss, the Court ordered Plaintiff 17 to show cause why the case should not be dismissed for failure to prosecute, and to file her 18 opposition. The Court warned Plaintiff that if she did not comply with the order, her case would be 19 dismissed for failure to prosecute. 20 Plaintiff did not comply with the order. Instead, Plaintiff filed a case management statement. 21 She stated, without further explanation, that she was ill. As of the date of this order, Plaintiff has not 22 filed her opposition to the motion to dismiss. 23 The order to show cause discussed above was the third time this Court had ordered Plaintiff to 24 show cause regarding her failure to prosecute this case. Plaintiff has twice failed to timely oppose a 25 motion to dismiss. Plaintiff did not attend the hearing on the first motion to dismiss. See Standing 26 Order for Magistrate Judge Kandis A. Westmore at 5 ("The failure of the opposing party to file a 27 memorandum of points and authorities in opposition to any motion shall constitute consent to the 28 granting of the motion."). 1 Because Plaintiff has not filed an opposition to Defendant's motion to dismiss, and in light of 2 Plaintiff's multiple past failures to timely prosecute her case, the case is dismissed for failure to 3 prosecute. See Fed. R. Civ. P. 41(b). Judgment shall be entered in favor of Defendants in this case. 4 IT IS SO ORDERED. 5 6 DATE: January 8, 2013 _______________________________________ KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 Northern District of California United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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