Beckett v. Davis et al

Filing 6

ORDER DISMISSING CASE. Signed by Judge Whyte on 07/06/2011. (rmwlc1, COURT STAFF) (Filed on 7/6/2011)

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1 2 3 4 E-FILED on 07/06/2011 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 ROBERT BECKETT, No. C-08-03196 RMW 11 Plaintiff, 12 ORDER DISMISSING CASE WITHOUT PREJUDICE v. 13 JAMES DAVIS, et al. 14 Defendants. 15 16 17 18 19 20 21 On May 24, 2011, the court issued an Order to Show Cause. The court asked plaintiff to respond in writing by June 7, 2011 as to why his case should not be dismissed for failure to prosecute. Plaintiff responded that part of his prayer for relief was moot because he had been granted a new suitability hearing scheduled for August 18, 2011 before the California Board of Parole Hearings. Dkt. No. 5. Plaintiff also requested that his complaint be dismissed without prejudice. Accordingly, the court hereby dismisses the case without prejudice. 22 23 24 25 26 27 DATED: 07/06/2011 RONALD M. WHYTE United States District Judge 28 ORDER DISMISSING CASE WITHOUT PREJUDICE—No. C-08-03196 RMW JLR

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