Mohammad v. The King City Police Department
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).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
Case No. 16-cv-02903-BLF
ORDER DISMISSING CASE
THE KING CITY POLICE DEPARTMENT,
United States District Court
Northern District of California
On October 27, 2016, this Court granted Defendant’s motion to quash and motion to
dismiss with leave to amend, and ordered Plaintiff to file an amended complaint on or before
November 28, 2016. ECF 22. Thereafter, Plaintiff filed an appeal to the Ninth Circuit. ECF 23.
On December 13, 2016, the Ninth Circuit dismissed Plaintiff’s appeal for a lack of jurisdiction.
ECF 25. The Court subsequently extended the deadline for Plaintiff to file an amended complaint
to January 12, 2017. ECF 26. Because the Ninth Circuit did not issue its formal mandate until
January 4, 2017, however, the Court further extended Plaintiff’s deadline to file an amended
complaint to February 3, 2017. ECF 29. The Court explained that failure to file an amended
complaint would result in dismissal. Id. To date, Plaintiff has not filed an amended complaint.
Accordingly, this action is DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P. 41(b);
Edwards v. Marin Park, Inc., 356 F.3d 1058, 1065 (9th Cir. 2004) (“The failure of the plaintiff
eventually to respond to the court’s ultimatum . . . is properly met with the sanction of a Rule
IT IS SO ORDERED.
Dated: February 7, 2017
BETH LABSON FREEMAN
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?