Toler v. Gospodarczyk ( 2019 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOEL THOMAS TOLER, Case No. 19-cv-05810-HSG 8 Plaintiff, ORDER OF DISMISSAL 9 Vv. 10 PAUL GOSPODARCZYK, et al., 11 Defendants. 12 5 13 Plaintiff filed this action on September 17, 2019. Dkt. No. 1. Since the filing of this S 14 action, the Court has not received any further communications from Plaintiff. Plaintiff did not file 3 15 || his opposition to Defendants’ motion to dismiss by the specified deadline. Nor did Plaintiff 16 || respond to the Court’s order to show cause why Defendants’ motion to dismiss should not be 5 17 || granted, which response was due on November 14, 2019. See Dkt. No. 7. 5 18 Federal Rule of Civil Procedure 41(b) provides that where a “plaintiff fails to prosecute or 19 || tocomply with these rules or a court order, a defendant may move to dismiss the action or any 29 || claim against it.” Fed. R. Civ. P. 41(b). The Court may also sua sponte dismiss a case for lack of prosecution. Link vy. Wabash R. Co., 370 U.S. 626, 630-31 (1962). The Court finds that Plaintiff 22 || has demonstrated that he is unable or unwilling to adequately prosecute this case. Accordingly, 23 the Court DISMISSES this action WITHOUT PREJUDICE under Rule 41(b) for failure to 24 || prosecute. The Clerk shall close the file. 25 IT IS SO ORDERED. 26 || Dated: 12/11/2019 27 Abapurrl 5 Mel). HAYWOOD S. GILLIAM, JR. 28 United States District Judge