Holbert v. Alvarez et al

Filing 66

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Beth Labson Freeman on 1/30/2017. (blflc2S, COURT STAFF) (Filed on 1/30/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 GREG DENNIS HOLBERT, Case No. 15-cv-01687-BLF Plaintiff, 8 v. ORDER DISMISSING CASE WITHOUT PREJUDICE 9 10 FERDINAN ALVAREZ, et al., Defendants. United States District Court Northern District of California 11 12 13 Plaintiff Greg Dennis Holbert passed away on May 31, 2016. Yang Decl. ISO Mot. to 14 Withdraw ¶ 1, ECF 49-1. On June 24, 2016, in recognition of his death and pursuant to the 15 parties’ request, the Court stayed the case through September 8, 2016. ECF 51. Mr. Holbert’s 16 mother and an Interested Party, Bernice Holbert, appeared at the September 8, 2016 case 17 management conference and asked the Court to continue the stay to give her time to retain counsel 18 so that she could pursue the action on behalf of her son. ECF 59. The Court continued the stay 19 through December 7, 2016, and ordered Ms. Holbert to file a complaint or seek an extension of the 20 stay on or before that date. ECF 59. On November 28, 2016, Ms. Holbert sent the Court a letter 21 asking for additional time to further pursue an attorney, which the Court granted. ECF 61, 63. In 22 its order, the Court granted the stay through January 31, 2017 and advised Ms. Holbert that she 23 was to file an amended complaint on or before that date or the Court would dismiss the action. 24 ECF 63. 25 In a letter to the Court dated January 26, 2017, Ms. Holbert advised the Court that she had 26 been unable to retain counsel for this action and was unable to pursue the case further. ECF 65. 27 Without a plaintiff or an operative complaint, the Court is compelled to dismiss the action. 28 Accordingly, the above-titled action is DISMISSED WITHOUT PREJUDICE. 1 2 3 The Clerk is ORDERED to close the file and to send a copy of this order to Ms. Holbert at her last known address. IT IS SO ORDERED. 4 5 6 7 Dated: January 30, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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