Penilton v. Spearman et al

Filing 31

ORDER OF DISMISSAL. Signed by Chief Magistrate Judge Joseph C. Spero on 11/1/18. (klhS, COURT STAFF) (Filed on 11/1/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIE B. PENILTON,
Plaintiff,

Case No. 16-cv-04573-JCS (PR)

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v.

ORDER OF DISMISSAL

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M.E. SPEARMAN, et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiff has not filed an amended complaint by the deadline. Accordingly, this

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

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Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). 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 complies in all respects with the Court’s order

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dismissing the complaint with leave to amend.

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

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All parties consented to magistrate judge jurisdiction. (Dkt. No. 1 at 4; Dkt. Nos.

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19 and 20.)
IT IS SO ORDERED.
Dated: November 1, 2018
_________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIE B. PENILTON,

Case No. 16-cv-04573-JCS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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M.E. SPEARMAN, 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 November 1, 2018, 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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Willie B. Penilton ID: J21437
Correctional Training Facility
P.O. Box 705
Soledad, CA 93960

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Dated: November 1, 2018

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Susan Y. Soong
Clerk, United States District Court

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

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