Hurt v. United States of America

Filing 14

ORDER DISMISSING CASE. Signed by Judge Elizabeth D Laporte on 11/21/2012. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 11/21/2012)

Download PDF
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 TYRONE HURT, Plaintiff, 12 13 14 No. C -12-01995 EDL ORDER DISMISSING CASE v. UNITED STATES, Defendants. 15 / 16 17 Plaintiff Tyrone Hurt filed his complaint and Application to Proceed In Forma Pauperis on 18 April 20, 2012. On May 3, 2012, Plaintiff consented to the jurisdiction of a Magistrate Judge 19 pursuant to 28 U.S.C. § 636(c).1 On May 24, 2012, the Court issued an order granting Plaintiff’s 20 Application to Proceed In Forma Pauperis, and dismissing Plaintiff’s complaint. The Court gave 21 Plaintiff leave to file an amended complaint no later than June 22, 2012. 22 Rather than file an amended complaint by the deadline, on June 12, 2012, Plaintiff filed an 23 appeal to the Ninth Circuit Court of Appeals of the Court’s May 24, 2012 Order. On November 15, 24 2012, the Ninth Circuit issued a Mandate, stating that the July 12, 2012 Judgment dismissing the 25 appeal took effect as of November 15, 2012. 26 27 28 1 To the extent that this order is dispositive, the Court does not require the consent of Defendants because Defendants have not been served and therefore are not parties under the meaning of 28 U.S.C. § 636(c). See Ornelas v. De Frantz, 2000 WL 973684, *2, n.2 (N.D. Cal. 2000) (citing Neals v. Norwood, 59 F.3d 530, 532 (5th Cir. 1995) (magistrate judge had jurisdiction to dismiss prisoner's civil rights action without consent of the defendants because the defendants had not been served yet and therefore were not parties)). 1 Plaintiff failed to file a timely amended complaint, instead electing to appeal the Court’s 2 order, effectively acknowledging that he could not do so. Therefore, as stated in the Court’s May 3 24, 2012 Order, Plaintiff’s complaint is dismissed with prejudice. 4 5 IT IS SO ORDERED. Dated: November 21, 2012 ELIZABETH D. LAPORTE United States Magistrate Judge 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?