Velasco v. Elliot

Filing 33

ORDER DISMISSING CASE WITHOUT PREJUDICE. The Clerk of the Court shall close the file. Signed by Judge Virginia K. DeMarchi on 12/18/2018. (vkdlc1S, COURT STAFF) (Filed on 12/18/2018)

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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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JOSE VELASCO,

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Plaintiff,

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ORDER DISMISSING ACTION
WITHOUT PREJUDICE

v.

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DAN ELLIOT,

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United States District Court
Northern District of California

Case No.18-cv-03191-VKD

Defendant.

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Plaintiff Jose Velasco filed this action on May 29, 2018. Dkt. No. 1. He did not appear at

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the September 25, 2018 hearing on defendant Dan Elliot’s motion to dismiss. Dkt. No. 26. On

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November 20, 2018, the Court granted Mr. Elliot’s motion to dismiss with leave to amend by

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December 4, 2018. Dkt. No. 29. Mr. Velasco did not file an amended complaint or a motion for

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leave to file an amended complaint by the December 4 deadline.
On December 7, 2018, the Court issued an order to show cause why this action should not

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be dismissed for failure to prosecute. Dkt. No. 30. Mr. Velasco did not file a show cause

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response by December 14, 2018 as ordered, and he failed to appear at the show cause hearing on

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December 18, 2018. Dkt. No. 31.

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The Court possesses the inherent power to dismiss an action sua sponte “to achieve the

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orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629–33

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(1962). Accordingly, the Court exercises that power and dismisses this action without prejudice

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for failure to prosecute.

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The Clerk of the Court shall close the file.

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IT IS SO ORDERED.

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Dated: December 18, 2018

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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