King v. Hensley et al

Filing 35

ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE, ***Civil Case Terminated. Signed by Judge Yvonne Gonzalez Rogers on 4/17/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 4/17/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHN LABRUCE KING, Case No.: 13-CV-051 YGR 8 Plaintiff, 9 ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE vs. 10 11 Northern District of California United States District Court 12 13 HUCK HENSLEY, et al., Defendants. On March 22, 2013, this Court issued its Order Continuing Hearing On Motions To Dismiss 14 and Motion to Strike, motions as to which Plaintiff John LaBruce King (“Plaintiff”) had filed no 15 opposition. (Dkt. No. 32.) The Court continued the pending hearings and ordered that Plaintiff file 16 an opposition no later than April 9, 2013. As the Court stated therein, “[f]ailure to file an opposition 17 by that date will result in dismissal of the action against these Defendants] for failure to prosecute.” 18 (Id. at 1:27-28.) 19 As of this date, no opposition or other response has been filed by Plaintiff. Accordingly, 20 pursuant to Federal Rule of Civil Procedure 41, this action is DISMISSED WITHOUT PREJUDICE for 21 failure to prosecute. 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated:April 17, 2013 ____________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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