Williams v. Dahl

Filing 12

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 8/4/2017. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 8/4/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WILLIE WILLIAMS, AE8191,
Plaintiff(s),

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vs.
M. DAHL, Correctional Counselor,
Defendant(s).

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No. C 17-0461 CRB (PR)
ORDER OF DISMISSAL

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On April 24, 2017, the court dismissed with leave to amend plaintiff’s pro

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se prisoner complaint under 42 U.S.C. § 1983 to allege, if possible, facts showing

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that defendant: (1) knew that plaintiff faced a substantial risk of serious harm and

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disregarded that risk by failing to take reasonable steps to abate it, and (2)

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actually and proximately caused the deprivation of plaintiff’s Eighth Amendment

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rights. The court made clear that failure to file a proper amended complaint

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within 28 days will result in the dismissal of this action.

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On May 31, 2017, the court dismissed plaintiff’s action because more than

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28 days had passed and plaintiff had neither filed a proper amended complaint

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nor sought an extension of time to do so.

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On June 8, 2017, plaintiff filed a letter claiming that he never received the

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April 24, 2017 order of dismissal with leave to amend. And several days later, he

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filed a second letter to which he attached his prison mail log, showing that he

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received no mail from the court during the months of April or May 2017.

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On June 23, 2017, the court vacated the May 31, 2017 order of dismissal

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and accompanying judgment, and instructed the clerk to reopen the case and send

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plaintiff a copy of the April 24, 2017 order of dismissal with leave to amend.

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The court added:

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Plaintiff may amend, as indicated in the April 24, 2017 order
of dismissal with leave to amend, within 28 days of this order. The
pleading must be simple and concise, and must include the caption
and civil case number used in this order and the words FIRST
AMENDED COMPLAINT on the first page. Failure to file a
proper amended complaint within the designated time will result in
the dismissal of this action.
June 23, 2017 Order at 2.
But again more than 28 days have passed and plaintiff has neither filed a

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proper amended complaint nor sought an extension of time to do so. This action

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accordingly is DISMISSED.

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SO ORDERED.
DATED:

August 4, 2017

CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.17\Williams, W.17-0461.dismissal2.wpd

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