Martinez v. Patton et al

Filing 26

ORDER DISMISSING CASE. Signed by Chief Magistrate Judge Joseph C. Spero on 10/7/19. (klhS, COURT STAFF) (Filed on 10/7/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSE LUIS MARTINEZ,
Plaintiff,

Case No. 18-cv-03480-JCS (PR)

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v.

ORDER OF DISMISSAL

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B. PATTON, et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiff has not complied with the Court’s order to file an amended complaint.

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Accordingly, this federal civil rights action is DISMISSED (without prejudice) for failing

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to comply with the Court’s orders and for failing to prosecute, see Federal Rule of Civil

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Procedure 41(b).

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Because this dismissal is without prejudice, plaintiff may move to reopen the action.

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Any such motion must contain an amended complaint that (i) appears on this Court’s

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form; and (ii) complies in all respects with the instructions set forth in the order dismissing

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the complaint with leave to amend. (Dkt. No. 25.)

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

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IT IS SO ORDERED.

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Dated: October 7, 2019
_________________________
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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JOSE LUIS MARTINEZ,

Case No. 18-cv-03480-JCS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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B. PATTON, 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 October 7, 2019, 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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Jose Luis Martinez ID: E-51644
Ironwood State Prison
P.O. Box 2199
Blythe, CA 92226

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Dated: October 7, 2019

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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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