Thompson v. Hall

Filing 11

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE. Signed by Judge Yvonne Gonzalez Rogers on 1/10/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/10/2017)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

TRACEY N. THOMPSON,

Case No. 16-cv-04706-YGR

Plaintiff,
9
v.

ORDER DISMISSING ACTION FOR FAILURE
TO PROSECUTE

10
11

JERRY HALL,

United States District Court
Northern District of California

Defendant.
12
13
14

By Order issued November 15, 2016 (Dkt. No. 10), Plaintiff was directed to file, no later

15

than January 1, 2017, an updated address and amended complaint. As of January 9, 2017, plaintiff

16

has not complied with the Court’s order. Plaintiff has not filed anything with the Court since

17

October 3, 2016. (Dkt. No. 7.)

18

Pursuant to Rule 41(b), a district court may sua sponte dismiss an action for failure to

19

prosecute or to comply with a court order. See Link v. Wabash R. Co., 370 U.S. 626, 633 (1962)

20

(recognizing courts’ inherent authority to dismiss for lack of prosecution); McKeever v. Block, 932

21

F.2d 795, 797 (9th Cir. 1991) (same). But such a dismissal should only be ordered when the

22

failure to comply is unreasonable. McKeever, 932 F.2d at 797. A district court should afford the

23

litigant prior notice of its intention to dismiss. See Malone v. United States Postal Serv., 833 F.2d

24

128, 132-33 (9th Cir. 1987).

25

Here, the Court warned plaintiff in its Order that it was considering dismissing this lawsuit.

26

Nonetheless, plaintiff has not provided a current address or amended the complaint. Furthermore,

27

it has been more than three months since plaintiff has communicated with the Court. Accordingly,

28

it is in the interest of justice and judicial efficiency to dismiss this action pursuant to Rule 41(b)

1

for failure to prosecute.

2

This action is therefore DISMISSED WITHOUT PREJUDICE for failure to prosecute.

3

This Order terminates this case.

4

IT IS SO ORDERED.

5
6
7

Dated: January 10, 2017
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2