Opinion
CASE NO. 5:11-cv-00588 EJD
11-01-2011
RALPH JENKINS, Plaintiff(s), v. SAN JOSE POLICE, et. al., Defendant(s).
ORDER DISMISSING CASE WITHOUT PREJUDICE
On September 27, 2011, the court ordered Plaintiff Ralph Jenkins to show cause in writing by October 27, 2011, why (1) he had failed to submit an application to proceed in forma pauperis and (2) why the district court had subject matter jurisdiction over this action. See Docket Item No. 14. The court admonished Plaintiff that this case would be dismissed should he fail to show good cause.
To date, Plaintiff has not complied with the show cause order as directed. Accordingly, as the court finds it lacks subject matter jurisdiction over the claims raised by Plaintiff, this case is DISMISSED WITHOUT PREJUDICE. See Frigard v. United States, 862 F.2d 201, 204 (9th Cir. 1988).
IT IS SO ORDERED.
EDWARD J. DAVILA
United States District Judge