Cape
Justin Cape v. San Jose Police Department, et al.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 JUSTIN CAPE, Case No. 25-cv-00740-VKD
9 Plaintiff, ORDER GRANTING DEFENDANTS' 10 v. MOTION TO DISMISS FOR FAILURE
TO PROSECUTE AND TO COMPLY
11 SAN JOSE POLICE DEPARTMENT, et al., WITH COURT ORDER 12 Defendants. Re: Dkt. No. 36
13 14 Defendants move to dismiss this action with prejudice for failure to prosecute and to 15 comply with the Court’s August 1, 2025 order (Dkt. No. 34). Dkt. No. 36. Although plaintiff 16 Justin Cape was given notice of the motion and an opportunity to respond, the Court received no 17 opposition or other response to defendants’ motion. The matter was deemed suitable for 18 determination without oral argument. Civil L.R. 7-1(b); Dkt. No. 37. Upon consideration of the 19 moving papers and the record before the Court, the Court grants defendants’ motion to dismiss 20 this action; however, the action is dismissed without prejudice.1 21 I. BACKGROUND 22 Mr.…