1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 TYRONE MCGEE, Case No. 16-cv-03843-JD 7 Plaintiff, ORDER OF DISMISSAL g v. 9 ROBERT A. MCDONALD, et al., 10 Defendants. 11 No defendant has filed a response to plaintiff's amended complaint, and nothing has 12 || happened in this case since September 2017. Consequently, on September 6, 2019, the Court 5 13 || issued an order for plaintiff McGee to show cause why the case should not be dismissed under S 14 Federal Rule of Civil Procedure 41(b), for failure to prosecute. Dkt. No. 17. The deadline for a 3 15 || response was September 23, 2019. Id. No response has been filed. a 16 Plaintiff has failed to show any cause why the case should not be dismissed and he appears

17 to have abandoned the case. While the Court favors the disposition of cases on the merits, it has 18 considered the five factors set forth in Malone v. United States Postal Service,

, 130 19 (9th Cir. 1987), and finds that dismissal here is warranted by the circumstances. The case is 20 || dismissed without prejudice under Rule 41(b) and the file will be closed. 21 IT IS SO ORDERED. 22 Dated: September 25, 2019 23 24 JAMES#PONATO 25 United Btates District Judge 26 27 28

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 TYRONE MCGEE, 4 Case No. 16-cv-03843-JD Plaintiff, 5 ‘ Vv. CERTIFICATE OF SERVICE

5 ROBERT A. MCDONALD, et al., Defendants. 8 9 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 10 District Court, Northern District of California. 11 12 That on September 25, 2019, ISERVED a true and correct copy(ies) of the attached, by 13 = placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 15 receptacle located in the Clerk's office. Q 16

= 17 || Tyrone McGee P.O. Box 32211 42 18 || Oakland, CA 94604 19 20 Dated: September 25, 2019 21 22 Susan Y. Soong 73 Clerk, United States District Court 24 25 By; a 6 LIS “x CLARK, Deputy Clerk to the Honorable JAMES DONATO 27 28