Reynolds v. Magor et al

Filing 16

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 11/15/2011. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 11/17/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FERDINAND REYNOLDS,
Plaintiff,

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vs.

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ARTHUR F. MAJOR, et al.,
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Defendants.
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No. C 10-05917 CRB (PR)
ORDER OF DISMISSAL

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Plaintiff, a California prisoner currently incarcerated at Salinas Valley State Prison

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(SVSP), filed the instant pro se civil rights action under 42 U.S.C. § 1983 alleging various

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violations of his federal rights. On April 27, 2011, the Court (Fogel, J.) dismissed the

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complaint with partial leave to amend to allege a retaliation claim against Defendant L.

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Stepp, if possible. The Court made clear that failure to amend within 30 days would

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result in "the dismissal without prejudice of this action without further notice to Plaintiff."

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Docket #7 at 7.

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Plaintiff was thereafter granted two extensions of time to file an amended

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complaint, the last deadline being August 10, 2011. But rather than file an amended

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complaint by August 10, 2011, Plaintiff filed a letter on August 5, 2011 alleging that

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during a review of his legal property he had discovered that prison officials had destroyed
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some of his documents, including several eyewitness declarations regarding the incidents

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which are the subject of this action. In the interest of justice, Plaintiff was granted a final

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extension of time to November 8, 2011 to file an amended complaint. Docket #13.

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Plaintiff's final deadline has passed and he still has not filed an amended

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complaint. Nor has he sought a further extension of time, let alone shown good cause for

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one. Rather, he has filed a declaration in which he again states that prison officials

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destroyed several eyewitness declarations regarding the incidents which are the subject of

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this action. Docket #14. Plaintiff's action is DISMISSED without prejudice.

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The clerk is instructed to enter judgment in accordance with this order and to close

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the file.

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ORDERED.

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DATED: Nov. 15, 2011
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.10\Reynolds, F.10-5917.dismissal.wpd

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