Simmons v. Belmont Police Department et al

Filing 14

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on March 6, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 3/8/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROB JOSEPH SIMMONS,

Case No. 12-1716 JST (PR)

Plaintiff,
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v.

ORDER OF DISMISSAL

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BELMONT POLICE DEPT., et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiff, a county jail inmate, filed a pro se civil rights complaint under 42 U.S.C. § 1983.

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On July 25, 2012, the Court dismissed the complaint with leave to amend, explaining the

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deficiencies in the complaint that needed to be cured. Plaintiff filed an amended complaint on

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August 3, 2012. On January 8, 2013, the Court dismissed the amended complaint, finding that it

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did not cure the deficiencies discussed in the first order of dismissal. The Court directed plaintiff

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to file a second amended complaint within twenty-eight days. Plaintiff was cautioned that his

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failure to do so would result in the dismissal of this action. To date, plaintiff has not filed a

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second amended complaint.

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Accordingly, the instant action is DISMISSED without prejudice. The Clerk shall
terminate all pending motions, enter judgment, and close the file.
IT IS SO ORDERED.
Dated: March 6, 2013

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________________________
Jon S. Tigar
United States District Judge