Steward v. Holbert et al

Filing 8

ORDER DISMISSING CASE for failure to state a claim upon which relief may be granted and for failure to comply with this court's order; Signed by Judge Marilyn Hall Patel on 9/9/2009. (Attachments: # 1 CertServ)(awb, COURT STAFF) (Filed on 9/10/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BRYANT STEWARD, Plaintiff, v. Correctional Officers HOLBERT and HALE, Defendants. /

No. C 08-5615 MHP (pr) ORDER OF DISMISSAL

Bryant Steward, an inmate at Pelican Bay State Prison, filed this pro se civil rights action under 42 U.S.C. § 1983. The court dismissed the complaint with leave to amend because it failed to state a claim upon which relief could be granted against any defendant. The court explained the deficiencies in the complaint, ordered Steward to file an amended complaint no later than June 26, 2009, and warned that the failure to file the amended complaint by the deadline would result in the dismissal of the action. Steward failed to file an amended complaint and the deadline by which to do so has passed. This action is dismissed for failure to state a claim upon which relief may be granted against a defendant and failure to comply with the court's order. The clerk shall close the file. IT IS SO ORDERED. DATED: September 9, 2009 Marilyn Hall Patel United States District Judge