Mullen v. Foulk et al

Filing 78

ORDER OF DISMISSAL. Signed by Judge Ronald M. Whyte on 10/27/11. (jg, COURT STAFF) (Filed on 10/27/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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BARTOLO MULLEN,
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Plaintiff,
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v.
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ED FOULK, et al.,
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Defendants.
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No. C 09-6081 RMW (PR)
ORDER OF DISMISSAL

Plaintiff, a formerly civilly committed person proceeding pro se, filed an amended civil

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rights action pursuant to 42 U.S.C. § 1983 alleging that defendants violated his constitutional

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rights. On April 25, 2011, defendants moved for summary judgment, arguing that there is no

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genuine issue of material fact and that they are entitled to judgment as a matter of law. Although

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given an opportunity, plaintiff did not file an opposition.

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On September 23, 2011, the court noted that plaintiff had not been in contact with the

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court since February 15, 2011, and directed the plaintiff to inform the court, within twenty days,

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whether he intended to proceed with the prosecution of this action. Plaintiff was expressly

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informed that if he failed to comply with the court’s order, this action would be dismissed

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without prejudice for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil

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Procedure.

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More than twenty days have passed since the court’s order was filed, and plaintiff has

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failed to comply. Accordingly, the above-titled action is hereby DISMISSED without prejudice

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for failure to prosecute.
Order of Dismissal
P:\pro-se\sj.rmw\cr.09\Mullen081dis

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The clerk shall terminate all pending motions and close the file.

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IT IS SO ORDERED.

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DATED: _________________
RONALD M. WHYTE
United States District Judge

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Order of Dismissal
P:\pro-se\sj.rmw\cr.09\Mullen081dis

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

BARTOLO MULLEN,

Case Number: CV09-06081 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
ED FOULK et al,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on October 27, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

Bartolo Mullen
3467 Hillsborough Drive
Concord, CA 94520
Dated: October 27, 2011
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk