Rodriguez v. Santa Clara County Main Jail

Filing 13

ORDER THAT CASE BE REASSIGNED WITH RECOMMENDATION THAT THE CASE BE DISMISSED Signed by Judge Paul S. Grewal on October 9, 2013. (psglc2, COURT STAFF) (Filed on 10/9/2013)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

8

SAN JOSE DIVISION

11

MARIO ALBERTO RODRIGUEZ,

12

Plaintiff,
v.

13
14

SANTA CLARA COUNTY MAIN JAIL,
Defendant.

15

)
)
)
)
)
)
)
)
)

Case No.: 5:12-cv-04028-PSG
ORDER THAT CASE BE
REASSIGNED WITH
RECOMMENDATION THAT THE
CASE BE DISMISSED

16
On October 16, 2012, Plaintiff Mario Alberto Rodriguez (“Plaintiff”) failed to appear at a

17
18

case management conference hearing. In advance of the conference, he did not file a case

19

management statement. In light of these facts, the court ordered Plaintiff to show cause by written

20

declaration no later than November 16, 2012, as to why the case should not be dismissed for failure

21

to prosecute. 1 Plaintiff responded with several plausible reasons for his failure to prosecute, but

22

since that response over ten months ago he has failed to prosecute his complaint. 2 The court issued

23
24
25

another order to show cause why the case should not be dismissed for failure to prosecute on
May 17, 2013. 3 The mailed order to show cause was returned to the court as undeliverable on

26
1

See Docket No. 7.

2

See Docket No. 9.

27
28

1

Case No.: 5:12-cv-04028-PSG
ORDER