Moore v. State of California et al

Filing 26

ORDER OF DISMISSAL. Signed by Judge Nathanael Cousins on 6/29/2017. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 6/29/2017)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 DERRICK D. MOORE, United States District Court Northern District of California 11 12 Case No. 15-cv-02687 NC (PR) Plaintiff, ORDER OF DISMISSAL v. 13 14 15 COUNTY OF ALAMEDA, Defendant. 16 17 18 19 20 Plaintiff Derrick D. Moore, a California state prisoner proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983. On April 18, 2017, Defendant filed a motion for summary judgment. Plaintiff’s opposition was due on May 16, 2017. However, Plaintiff has not had any communication with the Court since February 21 11, 2016. On June 13, 2017, the Court sua sponte granted Plaintiff an extension of time 22 within which to file an opposition to Defendant’s motion for summary judgment. Plaintiff 23 24 25 26 27 28 was directed to file an opposition no later than June 28, 2017. In that same order, Plaintiff was cautioned that the failure to file an opposition to Defendant’s motion for summary judgment may be deemed to be a consent to the granting of the motion, and the granting of judgment against Plaintiff without a trial, and that the failure to comply with the Court’s Case No. 15-cv-02687 NC (PR) ORDER OF DISMISSAL 1 1 2 3 order may result in the dismissal of this case for the failure to prosecute. To date, Plaintiff has not filed anything with the Court. Accordingly, this case is DISMISSED for failure to prosecute. 4 5 IT IS SO ORDERED. 6 DATED: June 29, 2017 7 NATHANAEL M. COUSINS United States Magistrate 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 Case No. 15-cv-02687 NC (PR) ORDER OF DISMISSAL 2

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