Flournoy v. County of Contra Costa et al

Filing 10

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 1/11/2022. (ls, COURT STAFF) (Filed on 1/11/2022)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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 JAMES HENRY FLOURNOY, P00154293, Plaintiff, 10 United States District Court Northern District of California 11 12 13 14 Case No. 21-cv-06990-CRB (PR) ORDER OF DISMISSAL v. COUNTY OF CONTRA COSTA, et al., Defendant(s). Plaintiff, a prisoner at the Marin County Jail (MCJ) facing parole revocation proceedings 15 on prior criminal convictions (as well as pretrial proceedings on new criminal charges), filed a pro 16 se complaint under 42 U.S.C. § 1983 alleging various violations of his federal civil rights against 17 several officials at the Contra Costa County Jail (CCCJ), where he was formerly incarcerated. 18 Plaintiff specifically claims sexual harassment, motor vehicle negligence, medical 19 malpractice/deliberate indifference and use of excessive force by different officials at CCCJ. 20 On November 30, 2021, the court screened the complaint pursuant to 28 U.S.C. § 1915A 21 and dismissed it (1) with leave to amend to file an amended complaint regarding plaintiff’s claim 22 that deputy sheriffs Miller and Battles sexually harassed, and (2) without prejudice to plaintiff 23 24 25 26 27 28 filing separate actions regarding his other three claims. As to plaintiff’s sexual harassment claim, the court explained that plaintiff must “set forth specific facts showing that the alleged sexual harassment by deputy sheriffs Miller and Battles was sufficiently harmful, egregious, pervasive and/or widespread to implicate the Eighth Amendment, if possible.” ECF No. 7 at 3. The court also warned plaintiff that “[f]ailure to file a proper amended complaint within [28 days] will result in the dismissal of this action.” Id. at 4. 1 More than 40 days have passed since the court’s November 30, 2021 order and plaintiff 2 has neither filed an amended complaint nor sought an extension of time to do so. This action 3 accordingly is DISMISSED without prejudice. 4 The clerk is instructed to close the file and terminate all pending motions as moot. 5 IT IS SO ORDERED. 6 7 8 Dated: January 11, 2022 ______________________________________ CHARLES R. BREYER United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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