Heredia v. Boyd
Filing
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Order of Dismissal for Failure to Prosecute signed by Magistrate Judge Howard R. Lloyd on 2/21/2017. The Clerk is instructed to close the file in this matter. (hrllc3S, COURT STAFF) (Filed on 2/21/2017)
E-filed 2/21/2017
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ERNESTO M. HEREDIA,
Plaintiff,
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United States District Court
Northern District of California
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v.
Case No.16-cv-04031-HRL
ORDER OF DISMISSAL FOR FAILURE
TO PROSECUTE
Re: Dkt. Nos. 23, 24
ANA BOYD,
Defendant.
Pro se plaintiff Ernesto Heredia (“Heredia”) filed a complaint in this case on July 18, 2016.
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Dkt. No. 1. Since that date, defendants filed a motion to dismiss, which Heredia failed to oppose.
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Dkt. No. 9. The court granted the motion to dismiss with prejudice as to defendant Ana Boyd and
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with leave to amend as to defendant West Valley Staffing Group (“WVSG”). Dkt. No. 21.
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Heredia failed to file a First Amended Complaint, the deadline for which has passed. After
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Heredia also failed to file a Case Management Statement, Dkt. No. 22, the court issued an order to
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show cause why the case should not be dismissed for failure to prosecute on February 9, 2017.
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Dkt. No. 23. The show cause order set a hearing date of February 21, 2017, and stated, in bold
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text, “[i]f plaintiff fails to appear, the case will be dismissed for failure to prosecute.” Id. Heredia
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failed to appear at the show cause hearing. Dkt. No. 24. All parties have consented to magistrate
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judge jurisdiction. Dkt. Nos. 5, 16.
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Having considered the five factors set forth in Malone v. United States Postal Service, 833
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F.2d 128, 130 (9th Cir. 1987), the court has determined that notwithstanding the public policy
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favoring the disposition of actions on their merits, the court's need to manage its docket and the
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public interest in the expeditious resolution of the litigation require dismissal of this action. In
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view of plaintiff's lack of response to this court's prior order(s), the court finds there is no
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appropriate less drastic sanction. Accordingly, this action is dismissed pursuant to Fed. R. Civ. P.
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41(b) for plaintiff's failure to prosecute. The Clerk is instructed to close the file in this matter.
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IT IS SO ORDERED.
Dated: 2/21/2017
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HOWARD R. LLOYD
United States Magistrate Judge
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United States District Court
Northern District of California
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