Stewart v. Smith et al

Filing 14

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on March 31, 2017. (Attachments: # 1 Certificate/Proof of Service) (wsn, COURT STAFF) (Filed on 3/31/2017)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
KENNETH E. STEWART,

7

Plaintiff,

8

ORDER OF DISMISSAL

v.

9

LAURIE SMITH, et al.,

10

Defendants.

11
United States District Court
Northern District of California

Case No. 16-cv-03976-JST

12
13

Plaintiff filed this pro se civil rights action pursuant to 42 U.S.C. § 1983 regarding events

14

that took place while he was incarcerated at Santa Clara County Jail. On January 3, 2017, the

15

Court dismissed Plaintiff’s complaint with leave to amend, and directed Plaintiff to file an

16

amended complaint within thirty days. Dkt. No. 13. The deadline has since passed and Plaintiff

17

has failed to file an amended complaint or otherwise communicate with the Court.1 Accordingly,

18

this case is DISMISSED without prejudice. The Clerk shall terminate all pending motions and

19

deadlines.

20
21

IT IS SO ORDERED.
Dated: March 31, 2017
______________________________________
JON S. TIGAR
United States District Judge

22
23
24
25
26
27
28

1

Plaintiff has three other cases pending before the Court: Stewart v. Smith, et al., 16-cv-03977
JST (“Stewart II”); Stewart v. Rosen, 16-cv-03979 JST (“Stewart III”); and Stewart v. San
Francisco Police Dept., 16-cv-04341 JST (“Stewart IV”). In Stewart II, Defendants have filed a
notice of Plaintiff’s death. In Stewart III and Stewart IV, amended complaints have been filed on
behalf of Plaintiff, Plaintiff’s minor son, and Plaintiff’s ex-spouse, and the amended complaints
state that Plaintiff is deceased. If Plaintiff’s successors or estate wishes to continue this action,
they may file a motion to re-open the case.