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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 15 No. C 11-01181 CRB SIDNEY B. STEWART, ORDER DISMISSING CASE Plaintiff, v. MONOGRAM BIOSCIENCES, Defendant. / 16 17 On September 16, 2011, this Court dismissed pro se plaintiff Sidney Stewart’s Title 18 VII complaint against his former employer, Monogram Biosciences, with leave to amend. 19 See dkt. 50. Mr. Stewart filed a First Amended Complaint that, like the original complaint, 20 failed to make basic allegations required for Title VII claims, and did not include a prayer for 21 relief. See dkt. 51. Accordingly, on December 9, 2011, the Court again dismissed Mr. 22 Stewart’s case, with leave to amend, but specified that Mr. Stewart “must amend within thirty 23 (30) days.” See dkt. 62 (emphasis in original). Mr. Stewart has failed to amend within this 24 timeframe. Accordingly, this case is dismissed with prejudice pursuant to Federal Rule of 25 Civil Procedure 41(b). 26 IT IS SO ORDERED. 27 28 Dated: January 31, 2012 G:\CRBALL\2011\1181\order dismissing.wpd CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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