Waters v. Puget

Filing 12

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 12/10/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 12/10/2012)

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1 2 3 4 *E-Filed 12/10/12* 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN FRANCISCO DIVISION 11 MICHAEL LYNN WATERS, Plaintiff, 12 13 14 No. C 12-4195 RS (PR) ORDER OF DISMISSAL v. T.E. PUGET, Defendant. 15 / 16 17 In this federal civil rights action, plaintiff alleges that defendants, his jailors at Pelican 18 Bay State Prison, placed a false report in his central file. He brings this action to stay cell- 19 placement proceedings at Folsom State Prison, where he is currently incarcerated, and to 20 have the false report, which he alleges will adversely affect his cell-placement at Folsom, 21 removed from his file. The complaint was dismissed with leave to file an amended 22 complaint. 23 Plaintiff has filed an amended complaint, but he has failed to address the deficiencies 24 contained in the prior complaint. Specifically, he has not provided sufficient factual 25 information regarding the cell-placement proceedings at Pelican Bay during which the 26 allegedly false document was generated. Because plaintiff has failed to comply with the 27 Court’s directions to correct the deficiencies in the prior complaint, the action is hereby 28 No. C 12-4195 RS (PR) ORDER OF DISMISSAL 1 DISMISSED pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. This 2 dismissal is without prejudice. The action is also dismissed on grounds that the action is 3 premature, there having been no cell-placement proceeding at Folsom. As there has been no 4 such proceeding, there has been no constitutional violation related to the allegedly false 5 document. 6 Related to this issue of prematurity, plaintiff’s motion for a preliminary injunction to stay cell-determination proceedings at Folsom Prison is DENIED. Such motion should be 8 filed in the Eastern District, as Folsom Prison lies therein. The Clerk shall enter judgment in 9 favor of defendant, and close the file. 10 United States District Court For the Northern District of California 7 IT IS SO ORDERED. 11 DATED: December 10, 2012 RICHARD SEEBORG United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 No. C 12-4195 RS (PR) ORDER OF DISMISSAL

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