Free Order - District Court of California - California

Case 4:07-cv-05078-CW

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On June 18, 2008, the Court issued a Clerk's notice taking under submission on the papers Defendants County of Alameda and Charles Plummer's motion to dismiss. The Court instructed v. JOHN ASHCROFT, et al., Defendants. / JOHN MILWITT, Plaintiff, No. C 07-5078 CW ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff that his opposition to the motion would be due July 3, 2008. Plaintiff was warned that failure timely to file an

opposition might result in dismissal of the case for failure to prosecute. Plaintiff did not file an opposition to the motion.

On June 23, 2008, Federal Defendants John Ashcroft and Albert Gonzales filed a motion to dismiss. On July 9, 2008, the Court

issued an order taking the Federal Defendants' motion under submission on the papers. In that order, the Court advised

Plaintiff that his opposition to the Federal Defendants' motion to dismiss would be due by July 17, 2008. In addition, the Court

Case 4:07-cv-05078-CW

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

allowed Plaintiff until July 17, 2008 to file an opposition to Alameda County and Charles Plummer's earlier motion to dismiss. However, the Court warned Plaintiff that if he failed to file an opposition by July 17, 2008, his case would be dismissed for failure to prosecute. Plaintiff has not filed an opposition to either motion to dismiss or otherwise contacted the Court. Accordingly, and good

cause appearing therefor, the Court dismisses the case without prejudice for failure to prosecute. and close the file. The Clerk shall enter judgment

Dated: 8/1/08 CLAUDIA WILKEN United States District Judge

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1 2 3 MILWITT et al, 4 Plaintiff, 5 v. 6 ASHCROFT et al, 7 Defendant. 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 John Milwitt 1164 Solano Avenue #122 Albany, CA 94706

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV07-05078 CW CERTIFICATE OF SERVICE

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on August 1, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Neill Tai Tseng United States Attorney's Office 450 Golden Gate Avenue 9th Floor San Francisco, CA 94102 Rebecca S. Widen Haapala, Thompson & Abern LLP 1939 Harrison Street, Suite 800 Oakland, CA 94612 Dated: August 1, 2008 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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