Elliot v. The San Francisco Department of Public Health

Filing 6

ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Maria-Elena James on 8/18/2015. (cdnS, COURT STAFF) (Filed on 8/18/2015)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 VANCE S. ELLIOT, Case No. 15-cv-03127-MEJ Plaintiff, 6 ORDER DISMISSING CASE WITH PREJUDICE v. 7 8 THE SAN FRANCISCO DEPARTMENT OF PUBLIC HEALTH, Defendant. 9 10 United States District Court Northern District of California 11 On July 6, 2015, Plaintiff Vance S. Elliot filed a Complaint (Dkt. No. 1) and an 12 Application to Proceed In Forma Pauperis (Dkt. No. 3). He also filed a consent to the jurisdiction 13 of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c) (Dkt. No. 4). On July 10, the 14 Court granted Plaintiff’s In Forma Pauperis Application, but dismissed his Complaint for lack of 15 jurisdiction, as diversity between the parties was lacking and he alleged only state law causes of 16 action. Dkt. No. 5. However, the Court permitted Plaintiff the opportunity to file an amended 17 complaint by August 13, 2015, if he could establish jurisdiction. The Court warned that failure to 18 file an amended complaint by this deadline would result in the dismissal of this case with 19 prejudice. 20 21 22 As Plaintiff has failed to file an amended complaint, this case is DISMISSED WITH PREJUDICE. The Clerk of Court shall close the file. IT IS SO ORDERED. 23 24 25 26 27 28 Dated: August 18, 2015 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 VANCE S. ELLIOT, Case No. 15-cv-03127-MEJ Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 8 THE SAN FRANCISCO DEPARTMENT OF PUBLIC HEALTH, Defendant. 9 10 United States District Court Northern District of California 11 12 13 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 August 18, 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. 14 15 16 Vance S. Elliot 640 Eddy Street, Room 214 San Francisco, CA 94109 17 18 19 20 Dated: August 18, 2015 Richard W. Wieking Clerk, United States District Court 21 22 23 By: ___________________________ Chris Nathan, Deputy Clerk to the Honorable MARIA-ELENA JAMES 24 25 26 27 28 2

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