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Holloway v. Homeq Servicing

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 20, 2009

BARBARA HOLLOWAY, PLAINTIFF,
v.
HOMEQ SERVICING, DEFENDANT.

ORDER FOR DISMISSAL

On February 24, 2009, plaintiff's counsel, Homan Mobasser, was ordered to show cause why the above matter should not be dismissed for failure to prosecute. The court ordered counsel to file a response to the Order to Show Cause on or before March 13, 2009. Mr. Mobasser has failed to file a response to the order show cause.

Accordingly, plaintiff's case is dismissed for failure to prosecute, Fed. R. Civ. P. 41(b), and for failure to respond to this court's order, Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992). With respect to dismissal for failure to follow court orders, the court has reviewed the five factors set forth in Ferdik and finds that each warrants dismissal of plaintiff's case.

The Order to Show Cause hearing set for March 27, 2009 is hereby VACATED.

IT IS SO ORDERED.

20090320

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