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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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GREG DENNIS HOLBERT,

Case No. 15-cv-01687-BLF

Plaintiff,
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v.

ORDER DISMISSING CASE WITHOUT
PREJUDICE

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FERDINAN ALVAREZ, et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiff Greg Dennis Holbert passed away on May 31, 2016. Yang Decl. ISO Mot. to

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Withdraw ¶ 1, ECF 49-1. On June 24, 2016, in recognition of his death and pursuant to the

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parties’ request, the Court stayed the case through September 8, 2016. ECF 51. Mr. Holbert’s

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mother and an Interested Party, Bernice Holbert, appeared at the September 8, 2016 case

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management conference and asked the Court to continue the stay to give her time to retain counsel

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so that she could pursue the action on behalf of her son. ECF 59. The Court continued the stay

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through December 7, 2016, and ordered Ms. Holbert to file a complaint or seek an extension of the

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stay on or before that date. ECF 59. On November 28, 2016, Ms. Holbert sent the Court a letter

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asking for additional time to further pursue an attorney, which the Court granted. ECF 61, 63. In

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its order, the Court granted the stay through January 31, 2017 and advised Ms. Holbert that she

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was to file an amended complaint on or before that date or the Court would dismiss the action.

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ECF 63.

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In a letter to the Court dated January 26, 2017, Ms. Holbert advised the Court that she had

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been unable to retain counsel for this action and was unable to pursue the case further. ECF 65.

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Without a plaintiff or an operative complaint, the Court is compelled to dismiss the action.

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Accordingly, the above-titled action is DISMISSED WITHOUT PREJUDICE.

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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.

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Dated: January 30, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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