Smith v. Johnson
Filing
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ORDER DISMISSING ACTION. By order filed April 25, 2012, the Court dismissed plaintiff's complaint for failure to state a claim upon which relief could be granted. The Court afforded plaintiff the opportunity to file a First Amended Complaint no later than May 11, 2012. To date, plaintiff has not filed a First Amended Complaint. Accordingly, for the reasons set forth in the Court's order filed April 25, 2012, the complaint is dismissed with prejudice. Signed by Judge Maxine M. Chesney on May 21, 2012. (mmclc2, COURT STAFF) (Filed on 5/21/2012) (Additional attachment(s) added on 5/21/2012: # 1 Certificate of Service) (tlS, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
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FREDERICK SMITH,
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Plaintiff,
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No. C 11-4823 MMC
ORDER DISMISSING ACTION
v.
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HAROLD P. JOHNSON,
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Defendant.
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By order filed April 25, 2012, the Court dismissed plaintiff’s complaint for failure to
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state a claim upon which relief could be granted. The Court afforded plaintiff the
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opportunity to file a First Amended Complaint no later than May 11, 2012. To date, plaintiff
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has not filed a First Amended Complaint.
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Accordingly, for the reasons set forth in the Court’s order filed April 25, 2012, the
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complaint in the above-titled action is hereby DISMISSED with prejudice pursuant to
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28 U.S.C. § 1915(e)(2)(B)(ii).
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The Clerk shall close the file.
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IT IS SO ORDERED.
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Dated: May 21, 2012
MAXINE M. CHESNEY
United States District Judge
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