Avery

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ROBERT SHORTY AVERY, Case No. 16-cv-07061-JD Plaintiff,

ORDER OF DISMISSAL

g v. DAVITA DIALYSIS CENTER et al., Defendants. 11 In a prior order, the Court dismissed pro se plaintiff Robert Avery’s complaint with leave || to amend because it did not state a plausible federal claim. Dkt. No. 23. The deadline to file an || amended complaint was October 20, 2017. Id. No amended complaint was filed, and nothing has || happened in this case in over two years. On January 24, 2020, the Court issued an order for Avery a 16 || to show cause why the case should not be dismissed under Federal Rule of Civil Procedure 41(b) || for failure to prosecute. Dkt. No. 24. The deadline for a response was February 7, 2020. Id. No 18 || response has been filed. Avery appears to have abandoned the case. While the Court favors the disposition of cases on the merits, it has considered the five factors set forth in Malone v. United States…