Acuna v. Ikegbu et al

Filing 8

ORDER DISMISSING CASE. Signed by Judge Joseph C. Spero on 2/4/15. (klhS, COURT STAFF) (Filed on 2/4/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VICTOR M. ACUNA,

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Plaintiff,

Case No. 14-cv-03651-JCS (PR)

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v.

ORDER OF DISMISSAL

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NNENNA IKEGBU, et al.,

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Defendants.
United States District Court
Northern District of California

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Plaintiff has failed to file an amended complaint by the deadline. Accordingly, this

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federal civil rights action is DISMISSED without prejudice for failing to respond to the

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Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b).1 Because this

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dismissal is without prejudice, plaintiff may move to reopen the action. Any such motion

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must contain an amended complaint that addresses the deficiencies specified in the Court’s

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order dismissing the original complaint with leave to amend. (Docket No. 7.)

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The Clerk shall enter judgment in favor of defendants, and close the file.

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IT IS SO ORDERED.

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Dated: February 4, 2015
_________________________
JOSEPH C. SPERO
Chief United States Magistrate Judge

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Plaintiff has consented to magistrate judge jurisdiction. (Docket No. 5.) The magistrate judge,
then, has jurisdiction to issue this order, even though defendants have not been served or
consented to magistrate judge jurisdiction. See Neals v. Norwood, 59 F.3d 530, 532 (5th Cir.
1995) (holding that magistrate judge had jurisdiction to dismiss prison inmate’s action under 42
U.S.C. § 1983 as frivolous without consent of defendants because defendants had not been served
yet and therefore were not parties).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VICTOR M. ACUNA,

Case No. 14-cv-03651-JCS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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NNENNA IKEGBU, et al.,
Defendants.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 2/4/2015, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Victor M. Acuna ID: #:D-33299
Pelican Bay State Prison
P.O. Box 7500, Housing: D2-216
Crescent City, CA 95532

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Dated: 2/4/2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Karen Hom, Deputy Clerk to the
Honorable JOSEPH C. SPERO

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