Stewart v. Monogram Biosciences

Filing 64

ORDER DISMISSING CASE. Signed by Judge Charles R. Breyer on 1/31/2012. (crblc1, COURT STAFF) (Filed on 1/31/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 11-01181 CRB

SIDNEY B. STEWART,

ORDER DISMISSING CASE

Plaintiff,
v.
MONOGRAM BIOSCIENCES,
Defendant.

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On September 16, 2011, this Court dismissed pro se plaintiff Sidney Stewart’s Title

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VII complaint against his former employer, Monogram Biosciences, with leave to amend.

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See dkt. 50. Mr. Stewart filed a First Amended Complaint that, like the original complaint,

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failed to make basic allegations required for Title VII claims, and did not include a prayer for

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relief. See dkt. 51. Accordingly, on December 9, 2011, the Court again dismissed Mr.

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Stewart’s case, with leave to amend, but specified that Mr. Stewart “must amend within thirty

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(30) days.” See dkt. 62 (emphasis in original). Mr. Stewart has failed to amend within this

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timeframe. Accordingly, this case is dismissed with prejudice pursuant to Federal Rule of

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Civil Procedure 41(b).

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IT IS SO ORDERED.

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Dated: January 31, 2012

G:\CRBALL\2011\1181\order dismissing.wpd

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE