Opinion
Civil No. 01-140-FR.
February 5, 2002
Barrie Dodson, Portland, Oregon, Pro Se Plaintiff.
David J. Riewald, Bullard Smith Jernstedt Harnish, Portland, Oregon, Attorneys for Defendants.
O R D E R
The matter before the court is the order to show cause as to why the pretrial order has not been filed in this case.
On December 12, 2001, this court entered an order "requiring plaintiffs Barrie Dodson and Sherrie Simms, proceeding pro se, to show cause, in writing, no later than January 10, 2002, as to why the pretrial order has not been filed in this case prior to the October 26, 2001 deadline." Docket #24.
On January 10, 2002, plaintiff Sherrie Simms filed a stipulation for voluntary dismissal with prejudice. Docket #26. The court so ordered on January 14, 2001. Docket #27. On October 12, 2001, the court granted a letter motion filed by plaintiff Sherrie Simms for extension of time to November 5, 2001 to notify the court whether the pro se plaintiffs will proceed pro se or seek the advise of counsel. Docket #22. Plaintiff Barrie Dodson has not responded to the October 12, 2001 order or to the December 12, 2001 order of the court requiring her to show cause why a pretrial order had not been lodged. The docket sheet shows that plaintiff Barrie Dodson's mail has been returned to the court undeliverable. See Docket #23, #25.
The court finds that plaintiff Barrie Dodson has failed to respond to the orders of the court and, as such, the court deems that she has abandoned this action. The court will enter judgment in favor of the defendants and against plaintiff Barrie Dodson.
IT IS SO ORDERED.