Horstman v. Tate et al

Filing 12

ORDER OF DISMISSAL. Signed by Judge Nathanael Cousins on 1/27/14. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 1/27/2014)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 JEFFERY PAUL HORSTMAN, United States District Court United States District Court For the Northern District of California California For the Northern District of ORDER OF DISMISSAL v. 9 10 No. C 13-4561 NC (PR) Plaintiff, 8 HAROLD TATE, et al., Defendants. 11 / 12 13 On October 23, 2013, plaintiff, proceeding pro se, filed a civil rights complaint 14 pursuant to 42 U.S.C. ยง 1983. On November 6, 2013, the Court dismissed the complaint 15 with leave to amend, explaining the deficiencies in the complaint that needed to be cured. 16 The Court directed plaintiff to file an amended complaint within sixty days. Plaintiff was 17 cautioned that his failure to do so would result in the dismissal of this action. More than 18 sixty days have passed, and plaintiff has not filed an amended complaint or otherwise 19 communicated with the Court. 20 21 Accordingly, the instant action is DISMISSED without prejudice. The Clerk is directed to enter judgment and close the file. 22 23 24 25 26 27 28 IT IS SO ORDERED. DATED: January 27, 2014 NATHANAEL M. COUSINS United States Magistrate Judge

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