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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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. 5:12-cv-04073 EJD ROBERTA E. SIMMONS, 11 ORDER DISMISSING CASE Plaintiff(s), For the Northern District of California United States District Court 10 12 13 v. GRADY DALE, JR., et. al., 14 Defendant(s). 15 16 / On November 21, 2012, the court ordered Plaintiff to show cause in writing by December 21, 17 2012, why this action should not be dismissed for lack of subject matter jurisdiction. See Docket 18 Item No. 4. The court noted that the complaint filed in this action is not organized in a manner such 19 that distinct causes of action can be discerned nor does the complaint identify the basis for this 20 court’s jurisdiction. Id. The court also advised Plaintiff that this case would be dismissed if she did 21 not respond or otherwise demonstrate a basis for federal jurisdiction. Id. 22 As of this date, Plaintiff has not complied as directed. Accordingly, this case is DISMISSED 23 WITHOUT PREJUDICE for lack of subject matter jurisdiction. The Clerk shall close this file. 24 IT IS SO ORDERED. 25 Dated: January 2, 2013 EDWARD J. DAVILA United States District Judge 26 27 28 1 CASE NO. 5:12-cv-04073 EJD ORDER DISMISSING CASE

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