Buckley v. Kessler et al

Filing 11

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on October 21, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 10/21/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTONIO CORTEZ BUCKLEY,

Case No. 13-cv-01238-JST (PR)

Plaintiff,
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v.

ORDER OF DISMISSAL

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R. A. KESSLER, et al.,
Defendants.

United States District Court
Northern District of California

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On March 20, 2013, plaintiff filed this pro se civil rights action pursuant to 42 U.S.C.

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§ 1983. On September 5, 2013, the Court dismissed plaintiff's complaint with leave to amend

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because it appears that plaintiff's claims are barred under Heck v. Humphrey, 512 U.S. 477 (1994).

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The Court directed plaintiff to file an amended complaint within thirty days and notified plaintiff

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that his failure to file an amended complaint within the Court's deadline would result in the Court

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dismissing the instant complaint without prejudice pursuant to Heck.

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The thirty days to amend has passed, and plaintiff has not filed an amended complaint or

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otherwise communicated with the Court. Accordingly, the action is DISMISSED without

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prejudice.

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The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: October 21, 2013
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JON S. TIGAR
United States District Judge