Sun v. Rickenbacker Collections

Filing 71

ORDER DISMISSING CASE. This case is DISMISSED WITH PREJUDICE for lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b). The Clerk shall close this file. Signed by Judge Edward J. Davila on 2/5/2013. (ejdlc1S, COURT STAFF) (Filed on 2/5/2013) (Additional attachment(s) added on 2/5/2013: # 1 Certificate of Service) (ecg, COURT STAFF).

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION CASE NO. 5:10-cv-01055 EJD ZHIXUN SAMUEL SUN, 11 ORDER DISMISSING CASE Plaintiff(s), For the Northern District of California United States District Court 10 12 13 v. RICKENBACKER COLLECTIONS, 14 Defendant(s). 15 / 16 On January 2, 2013, the court denied Plaintiff’s motion for entry of default judgment and 17 ordered Plaintiff to file an amended complaint within thirty days. See Docket Item No. 70. The 18 court admonished Plaintiff that failure to file an amended complaint as directed could result in the 19 dismissal of this action without further notice. 20 As of this date, Plaintiff has not filed an amended complaint or otherwise indicated a reason 21 for not doing so. Accordingly, this case is DISMISSED WITH PREJUDICE for lack of prosecution 22 pursuant to Federal Rule of Civil Procedure 41(b). The Clerk shall close this file. 23 IT IS SO ORDERED. 24 25 Dated: February 5, 2013 EDWARD J. DAVILA United States District Judge 26 27 28 1 CASE NO. 5:10-cv-01055 EJD ORDER DISMISSING CASE

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