Mohammad v. The King City Police Department

Filing 30

ORDER DISMISSING CASE. Signed by Judge Beth Labson Freeman on 2/7/2017. (blflc2S, COURT STAFF) (Filed on 2/7/2017) (Additional attachment(s) added on 2/7/2017: # 1 Certificate/Proof of Service) (tshS, COURT STAFF).

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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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KHALID MOHAMMAD,

Case No. 16-cv-02903-BLF

Plaintiff,
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v.

ORDER DISMISSING CASE

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THE KING CITY POLICE DEPARTMENT,
Defendant.

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United States District Court
Northern District of California

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On October 27, 2016, this Court granted Defendant’s motion to quash and motion to

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dismiss with leave to amend, and ordered Plaintiff to file an amended complaint on or before

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November 28, 2016. ECF 22. Thereafter, Plaintiff filed an appeal to the Ninth Circuit. ECF 23.

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On December 13, 2016, the Ninth Circuit dismissed Plaintiff’s appeal for a lack of jurisdiction.

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ECF 25. The Court subsequently extended the deadline for Plaintiff to file an amended complaint

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to January 12, 2017. ECF 26. Because the Ninth Circuit did not issue its formal mandate until

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January 4, 2017, however, the Court further extended Plaintiff’s deadline to file an amended

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complaint to February 3, 2017. ECF 29. The Court explained that failure to file an amended

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complaint would result in dismissal. Id. To date, Plaintiff has not filed an amended complaint.

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Accordingly, this action is DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P. 41(b);

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Edwards v. Marin Park, Inc., 356 F.3d 1058, 1065 (9th Cir. 2004) (“The failure of the plaintiff

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eventually to respond to the court’s ultimatum . . . is properly met with the sanction of a Rule

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41(b) dismissal.”).

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IT IS SO ORDERED.

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Dated: February 7, 2017
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BETH LABSON FREEMAN
United States District Judge