Hurt v. United States of America
Filing
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ORDER of dismissal. Signed by Judge Hamilton on 08/03/2012. (pjhlc2, COURT STAFF) (Filed on 8/3/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TYRONE HURT,
Plaintiff,
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v.
ORDER OF DISMISSAL
UNITED STATES OF AMERICA,
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For the Northern District of California
United States District Court
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No. C 12-3240 PJH
Defendant.
_______________________________/
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The complaint in this case was dismissed on June 28, 2012 because it failed to state
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a claim given that it was largely incomprehensible and unintelligible. The dismissal was
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with leave to amend. Plaintiff did not file an amended complaint by the deadline and no
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communication with him has been received by the court.
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The court having considered the five factors set forth in Malone v. United States
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Postal Service, 833 F.2d 128, 130 (9th Cir. 1987), and having determined that
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notwithstanding the public policy favoring the disposition of actions on their merits, the
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court's need to manage its docket and the public interest in the expeditious resolution of the
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litigation require dismissal of this action. In view of plaintiff's lack of response to this court's
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prior order(s), the court finds there is no appropriate less drastic sanction. Accordingly, this
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action is dismissed with prejudice pursuant to Fed. R. Civ. pro. 41(b) for plaintiff's failure to
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prosecute.
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IT IS SO ORDERED.
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Dated: August 3, 2012
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______________________________
PHYLLIS J. HAMILTON
United States District Judge
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