Gomez v. Garcia et al

Filing 8

ORDER DISMISSING CASE. Signed by Chief Magistrate Judge Joseph C. Spero on 10/16/17. (klhS, COURT STAFF) (Filed on 10/16/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JUAN LUIS GOMEZ, Plaintiff, Case No. 17-cv-03568-JCS (PR) 8 v. ORDER OF DISMISSAL 9 10 DAVID GARCIA, et al., Defendants. United States District Court Northern District of California 11 12 13 Plaintiff has failed to comply with the Court’s order to file an amended complaint 14 by the deadline. Accordingly, this federal civil rights action is DISMISSED without 15 prejudice for failing to respond to the Court’s order, and for failure to prosecute, see Fed. 16 R. Civ. P. 41(b). 17 Because this dismissal is without prejudice, plaintiff may move to reopen the action. 18 Any such motion must contain an amended complaint that complies in all respects with the 19 Court’s order dismissing the complaint with leave to amend. 20 The Clerk shall enter judgment in favor of defendants, and close the file. 21 IT IS SO ORDERED. 22 23 24 25 26 27 28 Dated: October 16, 2017 _________________________ JOSEPH C. SPERO Chief Magistrate Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JUAN LUIS GOMEZ, Case No. 17-cv-03568-JCS Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 DAVID GARCIA, et al., Defendants. United States District Court Northern District of California 11 12 13 14 15 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 October 16, 2017, 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. 16 17 18 19 Juan Luis Gomez ID: F-38645 Salinas Valley State Prison P.O. Box 1020 Soledad, CA 93960 20 21 Dated: October 16, 2017 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 By:________________________ Karen Hom, Deputy Clerk to the Honorable JOSEPH C. SPERO 27 28 2

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