Ramage v. United States of America et al

Filing 5

ORDERED that this matter is dismissed. The Clerk of Court shall enter judgment and close its file in this matter. Signed by Judge Cindy K Jorgenson on 12/8/2014. (BAR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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UNITED STATES OF AMERICA, et al.,)
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Defendants.
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DANIEL RAMAGE,
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No. CIV 14-2132-TUC-CKJ
ORDER

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On September 22, 2014, this Court issued an order granting Plaintiff’s Application

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to Proceed in District Court Without Prepaying Fees or Costs, dismissing with prejudice

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Plaintiff’s FTCA claim, as set forth in Claim 1 of the Complaint, and dismissing with

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prejudice Plaintiff’s deliberate indifference claim, as set forth in Claim 2 of the Complaint

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against Defendants United States, BOP, and Warden FCI Phoenix.

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dismissed without prejudice Plaintiff’s deliberate indifference claim, as set forth in Claim

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2 of the Complaint, against 1-10 Unknown Defendants. The Court ordered:

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The Court also

4. [Plaintiff Daniel Ramage (“Ramage”)] SHALL HAVE thirty (30) days from the
date of filing of this Order to file an amended complaint. All causes of action alleged
in the original Complaint which are not alleged in any amended complaint will be
waived. Any amended complaint filed by Ramage must be retyped or rewritten in
its entirety and may not incorporate any part of the original complaint by reference.
Any amended complaint submitted by Ramage shall be clearly designated as an
amended complaint on the face of the document.
5. As an alternative to the deadline for the filing of an amended complaint (if
Ramage decides not to file an amended complaint), Ramage shall arrange for service
of the original Complaint and a copy of this Order upon Defendant United States
within sixty (60) days from the date of filing of this Order. See Fed.R.Civ.P. 4 and
4(i). Failure to timely complete service may result in dismissal of this action.

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September 22, 2014 Order, Doc. 4, p. 11. Plaintiff was also advised that if he failed to

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“timely comply with every provision of [the] Order, this action will be dismissed pursuant

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to Rule 41(b), Fed.R.Civ.P.” Id. at p. 10.

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As of this date, Plaintiff has filed neither an amended complaint nor a Notice of
Service.

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Accordingly, IT IS ORDERED:

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1.

This matter, CV 14-2132-TUC-CKJ, is DISMISSED.

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2.

The Clerk of Court shall enter judgment then close its file in this matter.

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DATED this 8th day of December, 2014.

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