Simmons v. Dale et al

Filing 5

ORDER DISMISSING CASE. This case is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. The Clerk shall close this file. Signed by Judge Edward J. Davila on 1/2/2013. (ejdlc1, COURT STAFF) (Filed on 1/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
CASE NO. 5:12-cv-04073 EJD

ROBERTA E. SIMMONS,

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ORDER DISMISSING CASE
Plaintiff(s),

For the Northern District of California

United States District Court

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v.
GRADY DALE, JR., et. al.,

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Defendant(s).
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On November 21, 2012, the court ordered Plaintiff to show cause in writing by December 21,

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2012, why this action should not be dismissed for lack of subject matter jurisdiction. See Docket

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Item No. 4. The court noted that the complaint filed in this action is not organized in a manner such

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that distinct causes of action can be discerned nor does the complaint identify the basis for this

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court’s jurisdiction. Id. The court also advised Plaintiff that this case would be dismissed if she did

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not respond or otherwise demonstrate a basis for federal jurisdiction. Id.

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As of this date, Plaintiff has not complied as directed. Accordingly, this case is DISMISSED

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WITHOUT PREJUDICE for lack of subject matter jurisdiction. The Clerk shall close this file.

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IT IS SO ORDERED.

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Dated: January 2, 2013
EDWARD J. DAVILA
United States District Judge

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CASE NO. 5:12-cv-04073 EJD
ORDER DISMISSING CASE