Graves v. Mosqueda

Filing 24

ORDER OF DISMISSAL. Signed by Judge Beth Labson Freeman on 2/27/2017. (blflc2S, COURT STAFF) (Filed on 2/27/2017)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN JOSE DIVISION

4
5

HARLAN DEAN GRAVES,

Case No. 16-cv-03736-BLF

Plaintiff,
6
v.

ORDER OF DISMISSAL

7
8

LUIS MOSQUEDA,
Defendant.

9
10

United States District Court
Northern District of California

11

On December 14, 2016, the Court granted in part Defendant Luis Mosqueda’s motion to

12

dismiss Plaintiff Harlan Dean Graves Jr.’s complaint. ECF 19. The Court further ordered Graves

13

to file an amended complaint on or before January 13, 2017. Id. Because Plaintiff failed to file an

14

amended complaint by that date, the Court issued an Order to Show Cause (“OSC”) why the case

15

should not be dismissed for failure to comply with the Court’s order. ECF 20. Plaintiff filed a

16

timely response to the OSC, with an explanation for his failure to file an amended complaint. ECF

17

21. In his response, Plaintiff indicated that he would file an amended complaint by February 13,

18

2017. Id. at 2. Accordingly, the Court discharged the OSC and ordered Plaintiff to file an

19

amended complaint on or before February 21, 2017. ECF 23. In its Order Discharging the OSC,

20

the Court advised Plaintiff that failure to comply with the Court’s order would result in dismissal

21

of the action without further notice. Id. As of yet, Plaintiff has not filed an amended complaint.

22

Therefore, the Court DISMISSES the above-titled action pursuant to Fed. R. Civ. P. 41(b). Hells

23

Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005).

24

The Clerk is directed to close the file.

25

IT IS SO ORDERED.

26
27
28

Dated: February 27, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge