Waters v. Puget
Filing
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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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*E-Filed 12/10/12*
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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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SAN FRANCISCO DIVISION
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MICHAEL LYNN WATERS,
Plaintiff,
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No. C 12-4195 RS (PR)
ORDER OF DISMISSAL
v.
T.E. PUGET,
Defendant.
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In this federal civil rights action, plaintiff alleges that defendants, his jailors at Pelican
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Bay State Prison, placed a false report in his central file. He brings this action to stay cell-
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placement proceedings at Folsom State Prison, where he is currently incarcerated, and to
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have the false report, which he alleges will adversely affect his cell-placement at Folsom,
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removed from his file. The complaint was dismissed with leave to file an amended
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complaint.
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Plaintiff has filed an amended complaint, but he has failed to address the deficiencies
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contained in the prior complaint. Specifically, he has not provided sufficient factual
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information regarding the cell-placement proceedings at Pelican Bay during which the
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allegedly false document was generated. Because plaintiff has failed to comply with the
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Court’s directions to correct the deficiencies in the prior complaint, the action is hereby
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No. C 12-4195 RS (PR)
ORDER OF DISMISSAL
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DISMISSED pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. This
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dismissal is without prejudice. The action is also dismissed on grounds that the action is
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premature, there having been no cell-placement proceeding at Folsom. As there has been no
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such proceeding, there has been no constitutional violation related to the allegedly false
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document.
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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
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filed in the Eastern District, as Folsom Prison lies therein. The Clerk shall enter judgment in
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favor of defendant, and close the file.
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United States District Court
For the Northern District of California
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IT IS SO ORDERED.
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DATED: December 10, 2012
RICHARD SEEBORG
United States District Judge
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No. C 12-4195 RS (PR)
ORDER OF DISMISSAL
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