Rossmann v. Wojcicki et al

Filing 21

ORDER dismissing action without prejudice in its entirety for failure to prosecute and failure to comply with the Court's June 10, 2019 Order. Signed by Judge Janis L. Sammartino on 10/08/2019.(All non-registered users served via U.S. Mail Service)(jpp)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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BRUD ROSSMANN,

Case No.: 3:19-CV-00014 JAH (NLS)
Plaintiff,

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ORDER DISMISSING ACTION

v.
SUSAN WOJCICKI, ET AL.,

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Defendants.

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On June 10, 2019, the Court dismissed Plaintiff’s Motion to Proceed In Forma

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Pauperis (“IFP”) and ordered Plaintiff to either pay the filing fee or file a renewed motion

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to proceed IFP no later than June 21, 2019. See ECF No. 10. The Court explicitly stated

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that “[s]hould Plaintiff fail to file a renewed motion to proceed IFP and correct the

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deficiencies in his Complaint identified by the Court within the time provided, the Court

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may dismiss this civil action without leave to amend.” Id. (emphasis in the original).

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Following the Court’s Order, Plaintiff filed a notice of appeal, ECF No. 12, and shortly

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after voluntarily dismissed the appeal. See ECF No. 20. Plaintiff has not filed a renewed

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motion to proceed IFP or payed the filing fee. See generally Docket. Accordingly,

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pursuant to Federal Rule of Civil Procedure 41(b), the Court DISMISSES WITHOUT

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PREJUDICE this action in its entirety for failure to prosecute and failure to comply with
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3:19-CV-00014 JAH (NLS)

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the Court’s June 10, 2019 Order. See Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir. 2005).

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The Clerk of Court SHALL CLOSE the file.

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IT IS SO ORDERED.
Dated: October 8, 2019

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3:19-CV-00014 JAH (NLS)