Benton v. California Department of Corrections and Rehabilitation

Docket 3:25-cv-08787

Filed
2025-10-14
Terminated
Not recorded
Case type
cv

Outcome

want of prosecution

FJC civil IDB DISTRICT=71 OFFICE=3 DOCKET=2508787 FILEDATE=10/14/2025 DISP=2, PROCPROG=2, JUDGMENT=0; codebook: https://www.fjc.gov/sites/default/files/idb/codebooks/Civil%20Codebook%201988%20Forward%2010252023.pdf

Outcome source

Parties and representation

      Party and firm records are not available for this case.

      Panel

        No sourced panel votes are recorded.

        Opinions and documents

        UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA LAURA BENTON, Case No. 25-cv-08787-RFL Plaintiff, ORDER DISMISSING ACTION FOR Vv. FAILURE TO PROSECUTE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant. Plaintiff Laura Benton filed this action on October 14, 2025. (Dkt. No. 1.) Defendant moved to dismiss the complaint on April 20, 2026. (Dkt. No. 17.) Benton failed to timely oppose the Motion to Dismiss, and the Court issued an Order to Show Cause, advising Benton that failure to respond by May 26, 2026 may result in dismissal of her complaint without further notice under Federal Rule of Civil Procedure 41(b). (Dkt. No. 24.) That date has now passed, and Benton has not filed an opposition to the motion to dismiss or responded to the Order to Show Cause. Accordingly, this action is DISMISSED WITHOUT PREJUDICE for failure to prosecute for the reasons explained in Montgomery v. U.S. Bank, N.A., No. 24-cv-00557-RFL, 2024 WL 2853967, at *1—2 (N.D. Cal. May 3, 2024) (applying the five factors listed in Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002)). Furthermore, Defendant’s Motion to Dismiss is DENIED AS MOOT, and the Order to Show Cause is DISCHARGED. IT IS SO ORDERED. Dated: May 29, 2026 ZA Z RITA F. LIN United States District Judge

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