Ascarie v. Gavilan College et al
Filing
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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
______________________________________
BETH LABSON FREEMAN
United States District Judge
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