Keenan G. Wilkins v. Alameda County et al

Filing 19

ORDER DIRECTING PLAINTIFF TO FILE NOTICE OF INTENT TO PROSECUTE OR REQUEST FOR DISMISSAL, re 18 . Signed by Judge Hon. Lucy H. Koh on 2/6/2015. (sms, COURT STAFF) (Filed on 2/9/2015)

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FILED

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FEB 09 2015

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RICHA~D W. WiEK!NG

LERK
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COUHT
NO~ERN U.SAN lSffiiCTCALifORNIA
01 TR1cr oF
JOSE

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KEENAN G. WILKINS,
Plaintiff,
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v.
ALAMEDA COUNTY, et al.,
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No. C 14-2516 LHK (PR)

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ORDER DIRECTING PLAINTIFF
TO FILE NOTICE OF INTENT
TO PROSECUTE OR REQUEST
FOR DISMISSAL

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Defendants.
___________________________))
On June 2, 2014, plaintiff, a California state prisoner proceeding prose, filed this civil

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rights action under 42 U.S.C. § 1983. Plaintiff had previously filed several other complaints

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against defendants Alameda County. 1 In June 2014, the court referred several ofplaintiff's

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actions against Alameda County to Magistrate Judge Nador Vadas for settlement proceedings

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pursuant to the Pro Se Prisoner Mediation Program. Upon completion of settlement proceedings,

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on October 21, 2014, a global settlement agreement was reached and all ofthe other previously

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filed matters were specifically identified in the settlement agreement between the parties and

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were dismissed pursuant to that agreement. The parties' settlement agreement also encompassed

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matters not specifically listed in the agreement but were encompassed by the agreement's terms

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See Wilkins v. Ahern, No. 08-cv-01084 MMC (N.D. Cal. filed Feb. 22, 2008); Wilkins v.
County ofAlameda, No. 10-cv-03090 LHK (N.D. Cal. filed July 14, 2010); Wilkins v. Picetti,
No. 10-cv-2818 LHK (N.D. Cal. filed June 28, 2010); Brown v. County ofAlameda, No. 11-cv2704 LHK (N.D. Cal. filed June 6, 2011); Wilkins v. Daly, No. 13-cv-04665 LHK (N.D. Cal.
filed Oct. 8, 2013); Wilkins v. Ahern, No. 14-cv-2965 LHK (N.D. Cal. filed June 26, 2014).
Order Directing Plaintiff to File Notice oflntent to Prosecute or Request for Dismissal
P:\PRO-SE\LHK\CR.l4\ Wilkins516intent. wpd

and were to be dismissed upon notice of dismissal by plaintiff.
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In the instant case, the court ordered service upon defendants on October 17, 2014. On

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November 12, 2014, plaintiff filed a document indicating that he was in the process of

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conducting a global settlement conference with defendant in other cases, and that "a tentative

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settlement agreement was reached which may result in me moving to dismiss this action."

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(Docket No. 18.) The court has not received further notice from plaintiff as to his intent to

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prosecute this action.

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Thus, it is in the interests of justice and judicial efficiency for the court to establish
whether plaintiff intends to continue to prosecute this action. Plaintiff shall file a notice of his

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continued intent to prosecute this action or request for dismissal, within twenty-eight (28) days

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from the filing date of this order. Failure to do so will result in the dismissal of this action

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without prejudice for failure to prosecute under Rule 41(b) ofthe Federal Rules of Civil

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Procedure. See Malone, 833 F.2d at 133.

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IT IS SO ORDERED.
DATED:

1..( ft,l/)

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Order Directing Plaintiff to File Notice of Intent to Prosecute or Request for Dismissal
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P:\PRO-SE\LHK\CR.l4\ Wilkins516intent. wpd