Pham v. NCB Management Services, Inc

Filing 7

ORDER That Case Be Reassigned to a District Judge; REPORT AND RECOMMENDATIONS re Dismissal Without Prejudice. Objections due by 11/30/2012. Signed by Magistrate Judge Howard R. Lloyd on 11/13/2012. (hrllc2, COURT STAFF) (Filed on 11/13/2012)

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*E-FILED: November 13, 2012*

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NOT FOR CITATION

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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

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For the Northern District of California

United States District Court

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No. C12-04140 HRL

JOSEPH PHAM,

ORDER THAT CASE BE REASSIGNED
TO A DISTRICT JUDGE

Plaintiff,
v.

REPORT AND RECOMMENDATION RE
DISMISSAL WITHOUT PREJUDICE

NCB MANAGEMENT SERVICES, INC.,
Defendant.
/

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On August 7, 2012, pro se plaintiff Joseph Pham filed this action, alleging credit

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reporting and debt collection violations. Defendant has not appeared, and there is no indication

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that defendant has been served. Pham failed to appear at the initial case management

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conference; and, on October 23, 2012 the court issued an order directing him to appear on

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November 13, 2012 and show cause why this case should not be dismissed for failure to

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prosecute. (Dkt. No. 5). Pham did not appear for the November 13 show cause hearing and he

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has not otherwise responded to the court’s show cause order.

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Accordingly, the Clerk of the Court shall reassign this case to a District Judge, and the

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undersigned recommends that the instant action be dismissed without prejudice for failure to

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prosecute. FED. R. CIV. P. 41(b).

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Any party may file objections to this report and recommendation with the District Judge

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within fourteen days after being served with a copy. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.

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72(b).

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SO ORDERED.
Dated: November 13, 2012

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HOWARD R. LLOYD
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UNITED STATES MAGISTRATE JUDGE

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For the Northern District of California

United States District Court

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5:12-cv-04140-HRL Notice sent by U.S. Mail to:

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Joseph Pham
2855 Senter Road, Space 102
San Jose, CA 95111

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For the Northern District of California

United States District Court

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