Hurt v. United States of America

Filing 18

ORDER REGARDING AMENDED COMPLAINT FILED 4/3/2013. Signed by Judge Elizabeth D Laporte on 4/11/2013. (Attachments: # 1 Certificate/Proof of Service)(knmS, COURT STAFF) (Filed on 4/11/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TYRONE HURT,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -12-01995 EDL
ORDER

v.
UNITED STATES,
Defendant.

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The Court has received and filed Plaintiff's "Amendment to the Complaints" that was lodged

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on April 3, 2013. However, as stated in the Court's May 24, 2012 Order, the deadline to file an

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amended complaint was June 22, 2012. Rather than file an amended complaint by the deadline, on

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June 12, 2012, Plaintiff filed an appeal of the Court's May 24, 2012 Order to the Ninth Circuit Court

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of Appeals. On November 15, 2012, the Ninth Circuit issued a Mandate, stating that the July 12,

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2012 Judgment dismissing the appeal took effect as of November 15, 2012.

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On November 21, 2012, the Court issued an order dismissing the case with prejudice for

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failure to file an amended complaint as stated in the Court’s May 24, 2012 Order. Accordingly,

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Plaintiff's April 3, 2013 amended complaint is untimely, and his case was dismissed approximately

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five months ago. The Court will take no further action in this closed case.

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IT IS SO ORDERED.
Dated: April 11, 2013
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge