Hasan v. Tigar

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MOHAMMAD HAIDER AGHA HASAN, Case No. 19-cv-04553-HSG 8 Plaintiff, ORDER OF DISMISSAL 9 Vv. 10 JON S. TIGAR, et al., 11 Defendants. 12 On September 16, 2019, the Court denied Plaintiff's motion to proceed in forma pauperis 13 || and dismissed the complaint with leave to amend. Dkt. No. 10. The Court directed Plaintiff to 14 file an amended complaint no later than September 30, 2019, and warned Plaintiff that failure to 3 15 || file by the deadline may result in the dismissal of the action in its entirety without further leave to 16 amend. /d. at 3-4. Plaintiff did not file his amended complaint, and the deadline for Plaintiff to 3 17 || do so has long passed. To date, the Court has not received any further communications from 1g |) praincie 19 Federal Rule of Civil Procedure 41(b) provides that where a “plaintiff fails to prosecute or 20 || to comply with these rules or a court order, a defendant may move to dismiss the action or any 21 || claim against it.” Fed. R. Civ. P. 41(b). The Court may also sua sponte dismiss a case for lack of 22 prosecution. Link vy. Wabash R. Co., 370 U.S. 626, 630-31 (1962). The Court finds that Plaintiff 23 || has demonstrated that he is unable or unwilling to adequately prosecute this case. Accordingly, 24 || the Court DISMISSES this action WITHOUT PREJUDICE under Rule 41(b) for failure to 25 || prosecute. The Clerk shall close the file. 26 IT IS SO ORDERED. 27 || Dated: 10/23/2019 Alazpurel 5 bbl) HAYWOOD S. GILLIAM, JR. 28 United States District Judge