Opinion
No. C 04-2956 PJH.
November 2, 2004
ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE
On September 9, 2004, this court issued an order to show cause why this case should not be dismissed for lack of jurisdiction, and ordered petitioner to respond no later than 20 days after the filing of the order. No response was received. Accordingly, on October 20, 2004, this court issued an order to show cause why the case should not be dismissed for failure to prosecute, and ordered petitioner to respond no later than November 1, 2004. No response was received.
The court having considered the five factors set forth inMalone v. United States Postal Service, 833 F.2d 128,130 (9th Cir. 1987), and having determined that notwithstanding the public policy favoring the disposition of actions on their merits, the court's need to manage its docket and the public interest in the expeditious resolution of the litigation require dismissal of this action. In view of plaintiff's lack of response to this court's prior order(s), the court finds there is no appropriate less drastic sanction. Accordingly, this action is dismissed with prejudice pursuant to Fed.R.Civ.P. 41(b) for plaintiff's failure to prosecute.
IT IS SO ORDERED.