Bolton v. Perales

Filing 12

ORDER OF DISMISSAL. Signed by Magistrate Judge Laurel Beeler on 3/9/2016. (afmS, COURT STAFF) (Filed on 3/9/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

United States District Court
Northern District of California

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GARY E. BOLTON,

Case No. 15-cv-04689-LB

Plaintiff,
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v.

ORDER OF DISMISSAL

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E. PERALES,
Defendant.

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Gary E. Bolton, a pretrial detainee in custody at Napa State Hospital, filed this pro se

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prisoner's civil rights action under 42 U.S.C. § 1983. He filed a complaint, and later filed an

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amended complaint. (ECF Nos. 1, 8.) He also consented to proceed before a magistrate judge.

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(ECF No. 7.) The court reviewed Mr. Bolton’s amended complaint under 28 U.S.C. § 1915A,

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determined that the amended complaint failed to allege a claim for relief that was plausible on its

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face, and dismissed it with leave to file a second amended complaint by February 19, 2016 curing

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the several deficiencies identified in the order of dismissal with leave to amend. (ECF No. 10.)

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Mr. Bolton did not file a second amended complaint, and the deadline by which to do so has

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passed. Accordingly, this action is dismissed for failure to state a claim upon which relief may be

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granted. The clerk shall close the file.
IT IS SO ORDERED.
Dated: March 9, 2016
______________________________________
LAUREL BEELER
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARY E. BOLTON,

Case No. 15-cv-04689-LB

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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E. PERALES,
Defendant.

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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.

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That on March 9, 2016, 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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Gary E. Bolton ID: NA-212065-7
2100 Napa Vallejo Hwy
Napa, CA 94558

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Dated: March 9, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Angella Meuleman, Deputy Clerk to the
Honorable LAUREL BEELER

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