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Helmer v. Countrywide Home Loans

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 12, 2010

CLIFFORD HELMER, PLAINTIFF,
v.
COUNTRYWIDE HOME LOANS, INC. DEFENDANT.

ORDER FOR DISMISSAL

On April 14, 2010, plaintiff's counsel, Duane L. Tucker, was ordered to pay sanctions in the amount of $150.00 and to show cause why this action should not be dismissed for failure to prosecute. The court ordered counsel to pay the sanctions by April 28, 2010, and to file a response to the Order to Show Cause on or before May 7, 2010, and to appear at a hearing set for May 21, 2010 at 10:00 a.m.

A review of the docket shows that Mr. Tucker has neither paid the ordered sanctions, nor filed a response to the Order to Show Cause.

Accordingly, the court makes the following orders:

1. The Order to Show Cause hearing set for May 21, 2010 is VACATED; and

2. 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.

IT IS SO ORDERED.

20100512

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