Rodriguez v. Barrett

Filing 19

ORDER TO CLERK TO CLOSE CASE, Motions terminated: 15 MOTION to Dismiss filed by Daniel Rodriguez, 14 MOTION to Dismiss filed by Daniel Rodriguez.. Signed by Judge Alsup on August 29, 2011. (whalc2, COURT STAFF) (Filed on 8/29/2011) (Additional attachment(s) added on 8/29/2011: # 1 Certificate of Service) (dt, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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No. C 11-03562 WHA

DANIEL RODRIGUEZ,
Plaintiff,
v.

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ROBIN BARRETT, Field Office Director
U.S. Citizenship & Immigration Services,

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ORDER TO CLERK TO CLOSE CASE

Defendant.
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On August 4, 2011, an order dismissed this action with leave to amend. Specifically, the

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order granted plaintiff 21 calendar days from the date of the order to file a motion for leave to file

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an amended complaint. No such motion has been filed. Instead, plaintiff filed, (1) a document

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titled “Proof of evident. Propose to Court.”; (2) a document titled “Propose Order / Law Suet

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.Demand to Trial”; (3) a “Motion for Dismissal Pursuant to Section 1203 4a of the Penal Code”;

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(4) a “Motion to Dismiss Rule 3.514 Rule 3.520 Rules 3.521-3.523 and Rule 3.524”; and (5) a

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“First Notice of Payment Due.” These range from two to seven pages in length and contain

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discretely headed pages. As before, all are disjointed to the point of being incoherent and

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unintelligible. Most importantly, they are not a motion for leave to file an amended complaint

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that clearly explains how the amendments to the complaint cure the deficiencies previously

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identified and to which a proposed amended complaint is appended — as required by the order of

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dismissal. Plaintiff was specifically warned that if he did not file such motion, this case will be

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closed. The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: August 29, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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