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)

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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.

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