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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 TYRONE HURT, Plaintiff, 9 United States District Court For the Northern District of California 10 11 12 No. C -12-01995 EDL ORDER v. UNITED STATES, Defendant. / 13 14 The Court has received and filed Plaintiff's "Amendment to the Complaints" that was lodged 15 on April 3, 2013. However, as stated in the Court's May 24, 2012 Order, the deadline to file an 16 amended complaint was June 22, 2012. Rather than file an amended complaint by the deadline, on 17 June 12, 2012, Plaintiff filed an appeal of the Court's May 24, 2012 Order to the Ninth Circuit Court 18 of Appeals. On November 15, 2012, the Ninth Circuit issued a Mandate, stating that the July 12, 19 2012 Judgment dismissing the appeal took effect as of November 15, 2012. 20 On November 21, 2012, the Court issued an order dismissing the case with prejudice for 21 failure to file an amended complaint as stated in the Court’s May 24, 2012 Order. Accordingly, 22 Plaintiff's April 3, 2013 amended complaint is untimely, and his case was dismissed approximately 23 five months ago. The Court will take no further action in this closed case. 24 25 26 27 28 IT IS SO ORDERED. Dated: April 11, 2013 ELIZABETH D. LAPORTE United States Chief Magistrate Judge

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