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Title: John Lee v. Janet Napolitano

November 2, 2012

TITLE: JOHN LEE
v.
JANET NAPOLITANO, ET AL.



The opinion of the court was delivered by: Honorable Michael W. Fitzgerald, U.S. District Judge

JS-6

CIVIL MINUTES -- GENERAL

PRESENT: HONORABLE MICHAEL W. FITZGERALD, U.S. DISTRICT JUDGE

Rita Sanchez None Present Courtroom Deputy Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANTS:

None Present None Present

PROCEEDINGS (IN CHAMBERS): ORDER DISMISSING ACTION WITH

PREJUDICE

On October 15, 2012, the Court granted Defendants' Motion to Dismiss Plaintiff's First Amended Complaint ("FAC"). (Docket No. 21). Plaintiff John Lee had not filed any opposition.

Significantly, this was not the first time that Lee had failed to comply with court rules and orders. On July 3, 2012, the Court granted Defendants' Motion to Dismiss and dismissed Lee's Complaint with leave to amend. (Docket No. 14). Lee had not filed any opposition. On July 18, 2012, the Court dismissed this action with prejudice because Lee had failed to file timely a FAC. (Docket No. 15). The Court vacated the dismissal on July 19, 2012, after Lee filed the FAC. (Docket Nos. 18, 19).

In addition, the Motion to Dismiss the FAC appeared to be well taken in arguing that the Court lacks subject matter jurisdiction over this action.

Consequently, the Court ordered Lee to show cause, in writing, why this action should not be dismissed for failure to comply with court rules and orders and for lack of subject matter jurisdiction. The Court warned that "[f]ailure of Lee to respond to the Order to Show Cause by the [deadline] will result in the Court's dismissing this action with prejudice."

UNITED STATES DISTRICT COURT CENTRAL DISTRICT ...


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