Graves v. Mosqueda

Filing 20

ORDER TO SHOW CAUSE RE DISMISSAL. Signed by Judge Beth Labson Freeman on 1/19/2017. (blflc2S, COURT STAFF) (Filed on 1/19/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 HARLAN DEAN GRAVES, Case No. 16-cv-03736-BLF Plaintiff, 8 v. ORDER TO SHOW CAUSE RE DISMISSAL 9 10 LUIS MOSQUEDA, Defendant. United States District Court Northern District of California 11 12 13 On December 14, 2016, this Court granted in part Defendant Luis Mosqueda’s motion to 14 dismiss Plaintiff Harlan Dean Graves Jr.’s complaint. ECF 19. The Court further ordered Graves 15 to file an amended complaint on or before January 13, 2017. Id. at 5. Plaintiff did not file an 16 amended complaint within the time provided and still has not done so. Accordingly, the Court 17 ORDERS Plaintiff to show cause, in writing, on or before February 10, 2017, why this action 18 should not be dismissed for failure to comply with this Court’s order and for failure to prosecute. 19 If Plaintiff does not respond by February 10, 2017, the Court will dismiss the action pursuant to 20 Federal Rule of Civil Procedure 41(b) without further notice. Fed. R. Civ. P. 41(b); Hells Canyon 21 Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). 22 IT IS SO ORDERED. 23 24 25 26 27 28 Dated: January 19, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge

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