McBrien v. United States

Filing 18

ORDER Dismissing Action with Prejudice. Signed by Judge Edward M. Chen on 6/6/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 6/6/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KAREN MCBRIEN,

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Plaintiffs,

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v.

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For the Northern District of California

United States District Court

No. C-11-5605 EMC

UNITED STATES, et al.,

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ORDER DISMISSING ACTION WITH
PREJUDICE

Defendants.
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On April 4, 2012, this Court issued an order directing Plaintiff to file an amended complaint,

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limited to Plaintiff’s 42 U.S.C. § 1983 claim based on the use of excessive force by a San Francisco

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sheriff, within 30 days. See Docket No. 14. The Court warned Plaintiff that failure to comply with

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its order would result in the dismissal of Plaintiff’s case with prejudice. More than 60 days have

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passed, and Plaintiff has failed to comply with the Court’s order. The Court notes that Plaintiff has

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recently a request for extension of time to serve her complaint. Docket No. 16. However, the

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request is improper as Plaintiff has not yet filed an amended complaint that could be served on

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Defendants. Plaintiff also indicated to Court staff that she would like to file a renewed IFP

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application, but any time for so doing has long passed given the Court’s clear order giving her 30

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days to file an amended complaint.

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Accordingly, the Court hereby DISMISSES Plaintiff’s complaint with prejudice as to all

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claims for failure to comply with the Court’s orders. The Court therefore DENIES Plaintiff’s

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request for an extension of time to serve her initial complaint. Her motion for permission for

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electronic case filing is also DENIED as moot. This Order disposes of Docket Nos. 16, 17.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: June 6, 2012
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EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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