McGee

McGee v. McDonald

Good Law
United States District Court, Northern District of CaliforniaSeptember 25, 20193:16-cv-03843California390 words

Opinion

trial_court Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 TYRONE MCGEE, Case No. 16-cv-03843-JD 7 Plaintiff,

ORDER OF DISMISSAL

g v. 9 ROBERT A. MCDONALD, et al., 10 Defendants. 11 No defendant has filed a response to plaintiff's amended complaint, and nothing has 12 || happened in this case since September 2017. Consequently, on September 6, 2019, the Court 5 13 || issued an order for plaintiff McGee to show cause why the case should not be dismissed under S 14 Federal Rule of Civil Procedure 41(b), for failure to prosecute. Dkt. No. 17. The deadline for a 3 15 || response was September 23, 2019. Id. No response has been filed. a 16 Plaintiff has failed to show any cause why the case should not be dismissed and he appears

17 to have abandoned the case. While the Court favors the disposition of cases on the merits, it has 18 considered the five factors set forth in Malone v. United States Postal Service, 833 F.2d 128, 130 19 (9th Cir. 1987), and finds that dismissal here is warranted…

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