Peyton v. Grounds

Filing 13

ORDER DISMISSING CASE. Signed by Judge Vince Chhabria on 6/9/2014. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 6/9/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LEE EDWARD PEYTON,

Case No. 13-4232-VC (PR)

Plaintiff,
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United States District Court
Northern District of California

v.

ORDER OF DISMISSAL

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RANDY GROUNDS,
Defendant.

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Lee Edward Peyton, an inmate at Kern Valley State Prison proceeding pro se, filed a civil

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rights complaint pursuant to 42 U.S.C. § 1983 against Randy Grounds, Warden at Salinas Valley

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State Prison, where Peyton was formerly incarcerated. The Court dismissed Peyton’s original

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complaint with leave to amend so that he could exhaust administrative remedies. On March 10,

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2014, Peyton filed a first amended complaint. On May 8, 2014, the Court reviewed Peyton’s first

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amended complaint and dismissed it with leave to amend within twenty-one days from the date of

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the Order. The Court notified Peyton that failure to file a second amended complaint within

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twenty-one days would result in the dismissal of his action.

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More than twenty-one days have passed and Peyton has not filed a second amended

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complaint. Therefore, this action is dismissed without leave to amend but without prejudice to

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filing a paid complaint.

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CONCLUSION

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Based on the foregoing, the Court orders as follows:

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1. Peyton’s complaint is dismissed without leave to amend and without prejudice to filing a

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paid complaint.

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2. The Clerk of the Court shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: June 9, 2014
______________________________________
VINCE CHHABRIA
United States District Judge

United States District Court
Northern District of California

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