Ascarie v. Gavilan College et al

Filing 33

ORDER TO SHOW CAUSE RE DISMISSAL. Signed by Judge Beth Labson Freeman on 11/29/2016. (blflc2S, COURT STAFF) (Filed on 11/29/2016)

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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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MAHMOUD ASCARIE,

Case No. 16-cv-02493-BLF

Plaintiff,
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v.

ORDER TO SHOW CAUSE RE
DISMISSAL

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GAVILAN COLLEGE, et al.,
Defendants.

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United States District Court
Northern District of California

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On October 25, 2016, the Court granted Defendants’ motion to dismiss. ECF 31. In the

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order granting the motion to dismiss, the Court granted Plaintiff leave to amend his claims to

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establish federal court jurisdiction. Id. at 8. The Court further ordered Plaintiff to file any

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amended complaint on or before November 23, 2016. Id. Plaintiff did not file an amended

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complaint within the time provided and still has not amended it. In a prior motion, Plaintiff

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indicated that he intended to file this action in state court if the Court were to grant Defendants’

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motion to dismiss. ECF 27.

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Accordingly, the Court ORDERS Plaintiff to show cause in writing on or before

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December 28, 2016, why this action should not be dismissed for failure to comply with this

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Court’s order and for failure to prosecute. If Plaintiff does not respond by December 28, 2016, the

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Court will dismiss the action pursuant to Federal Rule of Civil Procedure 41(b) without further

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notice. Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689

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(9th Cir. 2005).

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IT IS SO ORDERED.
Dated: November 29, 2016
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BETH LABSON FREEMAN
United States District Judge