Dangerfield v. Neu et al

Filing 15

ORDER DISMISSING CASE. Signed by Judge Hon. Lucy H. Koh on 5/21/2015. (sms, COURT STAFF) (Filed on 5/21/2015)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 ANDRE DANGERFIELD, 12 13 14 15 Plaintiff, v. DEPUTY NEU, et al., Defendants. ) ) ) ) ) ) ) ) ) ) No. C 15-0396 LHK (PR) ORDER OF DISMISSAL 16 Plaintiff, a California state pretrial detainee proceeding pro se, filed this civil rights 17 action under 42 U.S.C. ยง 1983. On January 28, 2015, the Clerk sent to plaintiff a notice of 18 assignment of a prisoner case to a magistrate judge. On March 4, 2015, after plaintiff failed to 19 consent to magistrate judge jurisdiction, the case was reassigned to the undersigned judge. 20 Plaintiff was sent a copy of the order of reassignment. On March 12, 2015, the order of 21 reassignment was returned as undeliverable. 22 On April 8, 2015, the court ordered service upon defendants, and directed plaintiff to file 23 a notice of his current address and his intent to prosecute this case within twenty days. The court 24 warned plaintiff that the failure to do so would result in the dismissal of this case. More than 25 twenty days have passed and plaintiff has not filed a notice or otherwise communicated with the 26 court. Accordingly, the instant complaint is DISMISSED without prejudice for failure to 27 prosecute. See Fed. R. Civ. P. 41(b). The clerk shall enter judgment and close the file. 28 Order Dismissal P:\PRO-SE\LHK\CR.15\Dangerfield396dis41b.wpd 1 2 IT IS SO ORDERED. DATED: 5/21/2015 LUCY H. KOH United States District Judge 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Dismissal P:\PRO-SE\LHK\CR.15\Dangerfield396dis41b.wpd 2

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