Reddic v. Evans et al

Filing 26

ORDER OF DISMISSAL (SI, COURT STAFF) (Filed on 9/19/2011) (Additional attachment(s) added on 9/19/2011: # 1 Envelope) (tf, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DERWIN REDDIC,

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United States District Court
For the Northern District of California

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No. C-10-1580 SI (PR)

Plaintiff,

ORDER OF DISMISSAL

v.
M.S. EVANS, et al.,

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Defendants.
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In this pro se prisoner's civil rights action under 42 U.S.C. § 1983, Derwin Reddic alleged

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claims for deliberate indifference to his safety, retaliation, and violation of his right to due

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process at Salinas Valley State Prison. Defendants filed an unopposed motion to dismiss on the

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ground that administrative remedies were not exhausted for the deliberate indifference and

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retaliation claims and that the due process claim should be dismissed for failure to state a claim

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upon which relief may be granted. The deliberate indifference and retaliation claims were

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dismissed without prejudice to Reddic filing a new action. The court determined that the due

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process claim did not state a claim upon which relief may be granted because Reddic had not

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alleged that the challenged disciplinary decision subjected him to an atypical and significant

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hardship in relation to the ordinary incidents of prison life or affected the duration of his

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confinement. The due process claim was dismissed with leave to amend to cure the deficiency

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no later than July 1, 2011. The court cautioned that failure to amend would result in dismissal

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of the action.

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Plaintiff never filed the required second amended complaint and the deadline by which

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to do so has long passed. Accordingly, the due process claim is dismissed without leave to

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amend for failure to state a claim upon which relief may be granted. That resolves the remaining

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claim in this action. Judgment will now be entered on all claims.

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The clerk will close the file.

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IT IS SO ORDERED.

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Dated: September 19, 2011

_______________________
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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