Vitale

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FRANCESCO VITALE, Case No. 23-cv-06039-RFL

Plaintiff,

ORDER DISMISSING ACTION FOR

v. FAILURE TO PROSECUTE

STATE OF CALIFORNIA FRANCHISE

TAX BOARD, et al., Defendants.

Plaintiff Francesco Vitale, who is proceeding pro se, filed a complaint against Defendants U.S. Deputy Assistant Attorney General David Hubbert and the California Franchise Tax Board on November 21, 2023. (Dkt. No. 1.) On February 12, 2024, the United States filed a motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted. (Dkt. No. 5.) On February 23, 2024, the California Franchise Tax Board filed a motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted. (Dkt. No. 7.) Plaintiff’s opposition to the motion to dismiss filed by the United States was due on February 26, 2024, and his opposition to the motion to dismiss filed by the California Franchise Tax Board was due on March 8, 2024. Plaintiff did not file any opposition to the motions to dismiss. Nor did Plaintiff…