Lewis v. John Doe 1, Warden San Quentin State Prison et al

Filing 15

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 8/29/2024. (ls, COURT STAFF) (Filed on 8/29/2024)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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TERENCE LEWIS, BP4086,
Plaintiff,

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United States District Court
Northern District of California

ORDER OF DISMISSAL

v.
JOHN DOE 1, WARDEN SAN QUENTIN
STATE PRISON, et al.,
Defendant(s).

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Case No. 24-cv-00930-CRB (PR)

On June 20, 2024, the court (Cousins, M.J.) granted plaintiff leave to amend within 28

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days “to attempt to correct the deficiencies discussed” in the court’s order. ECF No. 11 at 5. The

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court specifically warned plaintiff that “[f]ailure to respond in accordance with this order in the

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time provided will result in this matter being reassigned to a district judge with the

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recommendation that this matter be dismissed with prejudice for failure to state a cognizable claim

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for relief.” Id.

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On July 15, 2024, the copy of the court’s June 20, 2024 order the clerk mailed to plaintiff

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was returned as undeliverable for lack of sufficient postage. See ECF No. 12. Another copy was

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mailed again to plaintiff with sufficient postage the next day, July 16, 2024.

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On August 28, 2024, this case was reassigned to the undersigned district judge because

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plaintiff has not responded to the court’s June 20, 2024 order. In fact, it has been more than 42

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days since the clerk mailed the court’s June 20, 2024 order to plaintiff with sufficient postage and

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plaintiff still has not filed an amended complaint or sought an extension of time to do so. The

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instant action accordingly is DISMISSED.

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The clerk is instructed to close the file and terminate all pending motions as moot.

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IT IS SO ORDERED.

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Dated: August 29, 2024
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CHARLES R. BREYER
United States District Judge