Walters v. Santa Clara Department of Corrections et al

Filing 9

ORDER of Dismissal. Signed by Judge Edward M. Chen on 7/29/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 7/29/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ARTHUR WALTERS, 9 Plaintiff, 10 11 v. No. C-12-4574 EMC (pr) ORDER OF DISMISSAL SANTA CLARA DEPARTMENT OF CORRECTIONS; et al., 12 13 Defendant. ________________________________/ 14 15 16 Plaintiff filed this pro se prisoner’s civil rights action under 42 U.S.C. § 1983, complaining 17 about conditions at the Santa Clara County Jail. Upon initial review pursuant to 28 U.S.C. § 1915A, 18 the Court determined that Plaintiff's complaint failed to state a claim upon which relief may be 19 granted and gave Plaintiff leave to file an amended complaint no later than March 29, 2013. The 20 Court cautioned Plaintiff that failure to file an amended complaint by the deadline would result in 21 the dismissal of this action. See Docket # 6, pp. 5-6. At Plaintiff’s request, the Court granted a 22 limited extension of the deadline to file an amended complaint, and extended the deadline to 23 April 26, 2013, in an order that again cautioned that failure to file the amended complaint by the 24 /// 25 /// 26 /// 27 /// 28 /// 1 deadline would result in the dismissal of this action. Docket # 8. Plaintiff did not file an amended 2 complaint, and the deadline by which to do so has long passed. Accordingly, this action is 3 dismissed for failure to state a claim upon which relief may be granted. The Clerk will close the file. 4 5 IT IS SO ORDERED. 6 7 Dated: July 29, 2013 8 _________________________ EDWARD M. CHEN United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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