Brasure v. Alabaster Wholesale Nursery et al

Filing 29

ORDER DISMISSING CASE. Signed by Judge Joseph C. Spero on 11/6/13. (Attachments: # 1 Certificate/Proof of Service)(klhS, COURT STAFF) (Filed on 11/7/2013)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 SPENSER BRASURE, Agent for INDEPENDENT CATERERS, INC., No. C 13-2277 JCS (PR) ORDER OF DISMISSAL 5 Plaintiff, 6 7 8 v. ALABASTER WHOLESALE NURSERY, et al., 9 Defendants. / United States District Court For the Northern District of California 10 11 The original complaint was dismissed with leave to amend because the allegations 12 were conclusory and undetailed, it was not clear that this Court had jurisdiction, and plaintiff, 13 who is not an attorney, brought this action on behalf of a corporation, which may appear only 14 through counsel. See 28 U.S.C. § 1654; Civil L.R. 3-9(b); Employee Painters’ Trust v. Ethan 15 Enterprises, Inc., 480 F.3d 993, 998 (9th Cir. 2007). 16 The amended complaint fails to cure the deficiencies of the first. Accordingly, this 17 action is DISMISSED.1 Because this dismissal is without prejudice, plaintiff may move to 18 reopen the action. Any such motion must (1) be made through counsel; (2) contain an 19 amended complaint alleging clear, detailed claims regarding each defendant; and (3) show 20 that this Court has jurisdiction. 21 IT IS SO ORDERED. 22 DATED: November 6, 2013 JOSEPH C. SPERO United States Magistrate Judge 23 24 25 26 27 1 Plaintiff has consented to magistrate judge jurisdiction. The magistrate, then, has jurisdiction to issue this order, even though defendants have not been served or consented to magistrate jurisdiction. See Neals v. Norwood, 59 F.3d 530, 532 (5th Cir. 1995) (holding that magistrate judge had jurisdiction to dismiss prisoners action under 42 U.S.C. § 1983 as frivolous without consent of defendants because they had not been served and therefore were not parties). 28 No. C 13-2277 JCS (PR) ORDER OF DISMISSAL

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