McDaniel v. United States et al

Filing 12

ORDER DISMISSING CASE. Signed by Judge Edward M. Chen on 9/14/2020. (afmS, COURT STAFF) (Filed on 9/14/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TANYA GRACE MCDANIEL,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 20-cv-02472-EMC
ORDER DISMISSING CASE

v.

Docket No. 8, 10, 11
UNITED STATES, et al.,
Defendants.

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On April 21, 2020, the Court dismissed Plaintiff Tanya McDaniel’s complaint under 28

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U.S.C. Section 1915(e) because it failed to state a claim upon which relief could be granted, and

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Plaintiff was granted leave to file an amended complaint by May 26, 2020. See Docket No. 4.

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Plaintiff was also instructed at that time to contact the Court’s Legal Help Desk for assistance. On

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May 29, 2020, Plaintiff requested an extension of time to file her amended complaint, which was

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granted by the Court on June 18, 2020. See Docket No. 6. Plaintiff’s Amended Complaint was

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due on July, 21, 2020. See Docket No. 6. On June 30, 2020, Plaintiff filed a Motion to Amend

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Complaint and attached an amended complaint. See Docket No. 8. On July 20, 2020, Plaintiff

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filed a motion which the Court construed as a Motion for Reconsideration to amend the complaint.

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See Docket No. 10.

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On August 3, 2020, the Court dismissed Plaintiff Tanya McDaniel’s complaint filed at

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Docket No. 8-1 because it was identical to the complaint previously dismissed, and the Court

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granted Plaintiff one more opportunity to file a complaint that complies with the requirements of

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Federal Rule of Civil Procedure 8(a). See Order, Docket No. 11. The Order further instructed

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Plaintiff to contact the Court’s Legal Help Desk and listed all contact information for that

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department. The Amended Complaint was due on September 2, 2020. See Order, Docket No. 11.

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That deadline has passed and no amended pleading has been filed. Further, the Deputy Clerk

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attempted to contact Plaintiff by telephone on numerous occasions, to no avail. Accordingly, the

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Court finds good cause to DISMISS the complaint for failure to prosecute without prejudice. The

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Clerk of the Court is ordered to close the case.

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IT IS SO ORDERED.
Dated: September 14, 2020

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United States District Court
Northern District of California

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______________________________________
EDWARD M. CHEN
United States District Judge

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