Mahinan et al v. Alliance Bankcorp et al

Filing 8

Order by Hon. Ronald M. Whyte adopting Report and Recommendations as to 6 Report and Recommendations(rmwlc1, COURT STAFF) (Filed on 2/11/2013)

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1 2 3 4 E-FILED on 2/11/13 5 6 7 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 12 FREDDIE MAHINAN, et al., 13 14 15 No. C-12-5587 RMW Plaintiffs, ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFFS' COMPLAINT v. ALLIANCE BANKCORP, et al., [Re Docket No. 6] 16 Defendants. 17 18 19 20 21 22 23 24 On December 18, 2012, plaintiffs failed to appear for a case management conference. The court ordered plaintiff to show cause in writing by January 25, 2013 for why the case should not be dismissed for failure to prosecute. Plaintiffs have taken no further steps in this case, and the deadline to show cause has now passed. On January 28, 2013, the magistrate judge ordered that the case be reassigned to a district judge and issued a report and recommendation that the complaint be dismissed for failure to prosecute. Dkt. No. 6. The case is now before the undersigned. The court having reviewed the magistrate judge's report and there being no objections filed, the court adopts 25 26 27 28 ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFFS' COMPLAINT—No. C-12-5587 RMW ALG 1 the magistrate judge's report and recommendation in full and hereby ORDERS that plaintiffs' 2 complaint is dismissed for failure to prosecute. 3 4 5 6 DATED: February 11, 2013 RONALD M. WHYTE United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFFS' COMPLAINT—No. C-12-5587 RMW ALG 2

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