Mirabal v. Smith, et al.,

Filing 8

ORDER OF DISMISSAL: This action is dismissed for failure to state a claim upon which relief may be granted against a defendant. The clerk shall close the file. (Illston, Susan) (Filed on 5/2/2013) Modified on 5/2/2013 (ysS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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ERNESTO G. MIRABAL,

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No. C 12-3075 SI (pr)

Plaintiff,

ORDER OF DISMISSAL

v.
LAURIE SMITH, et al.,
Defendants.
/

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Plaintiff filed this pro se civil rights action under 42 U.S.C. § 1983. The court dismissed

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the complaint with leave to amend, explaining the deficiencies in the complaint that needed to

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be cured and ordering plaintiff to file an amended complaint no later than November 30, 2012.

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The court warned that "[f]ailure to file the amended complaint by the deadline will result in the

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dismissal of the action." Docket # 6, p. 5. Plaintiff failed to file an amended complaint and the

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deadline by which to do so has passed. This action is dismissed for failure to state a claim upon

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which relief may be granted against a defendant. The clerk shall close the file.

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IT IS SO ORDERED.
Dated: May 2, 2013

_______________________
SUSAN ILLSTON
United States District Judge