Castereno v. City of Moses Lake et al

Filing 53

ORDER DISMISSING ACTION WITHOUT PREJUDICE. Signed by Judge Stanley A Bastian. (VR, Courtroom Deputy) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Nov 06, 2019

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

9 RAYMOND F. CASTERENO,
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Plaintiff,

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NO. 2:17-cv-00219-SAB

v.

12 CITY OF MOSES LAKE,

ORDER DISMISSING ACTION

13 WASHINGTON, and TYE SHEATS,

WITHOUT PREJUDICE

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Defendants.

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A telephonic status conference was held on November 5, 2019. Plaintiff did

17 not appear. Defendants were represented by Michael D. Franklin.
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This is the second time Plaintiff has failed to personally participate in a court

19 hearing after the Court granted his counsel leave to withdraw. Previously, a
20 hearing was held on October 16, 2017. ECF No. 49. Plaintiff failed to show. The
21 Court set another hearing for November 6, 2019. Notice of this hearing was sent
22 via the U.S. Postal Service to P.O. Box 753 Moses Lake, WA 98837. ECF No. 50.
23 This is the address that is listed in the Court record for Plaintiff. The next day, the
24 Court granted Plaintiff’s Motion for more time to hire an attorney. ECF No 51.
25 This Order was sent to the same P.O. Box as before. The Order specifically
26 instructed Plaintiff that he needed to participate in this hearing and that failure to
27 do so could jeopardize his case by having it dismissed for failing to show up for
28 court hearings. Id.
ORDER DISMISSING ACTION WITHOUT PREJUDICE ~ 1

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At the hearing, Defendant’s counsel indicated that he has had no contact

2 with Plaintiff. No Notice of Appearance on the part of any counsel indicating he or
3 she is representing Plaintiff has been filed. Plaintiff’s failure to participate in the
4 scheduled hearings require that this action be dismissed without prejudice.
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Accordingly, IT IS HEREBY ORDERED:

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1. Pursuant to Fed. R. Civ. P. 41(b), the above-captioned case is dismissed

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without prejudice for failure to prosecute and failure to comply with the

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Court’s Order.

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IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

10 this Order, provide copies to Plaintiff and counsel, and close the file.
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DATED this 6th day of November 2019.

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Stanley A. Bastian

United States District Judge

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ORDER DISMISSING ACTION WITHOUT PREJUDICE ~ 2