Goldstein v. County of San Mateo et al

Filing 35

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 9/3/08. (lrc, COURT STAFF) (Filed on 9/4/2008)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DARRYL LEE GOLDSTEIN, Plaintiff, v. COUNTY OF SAN MATEO, et al., Defendants. / No. C 05-03209 SBA (PR) ORDER OF DISMISSAL Plaintiff Darryl Lee Goldstein filed the instant pro se civil rights complaint under 42 U.S.C. § 1983. He has been granted leave to proceed in forma pauperis. In an Order dated July 29, 2008, the Court granted Plaintiff leave to file an amended complaint in order to cure the pleading deficiencies of his RLUIPA and retaliation claims. The Court also directed Plaintiff to explain whether he exhausted his administrative remedies with respect to his RLUIPA and retaliation claims before he filed his complaint. The Court dismissed Plaintiff's remaining claims for failure to state a claim. The Court informed Plaintiff that if he failed to file an amended complaint within thirty days, this action would be dismissed without prejudice for failure to state a cognizable claim for relief and for failure to exhaust available administrative remedies. More than thirty days have passed, and Plaintiff has not filed an amended complaint or otherwise communicated with the Court. Accordingly, this action is DISMISSED without prejudice. The Court has rendered its final decision on this matter; therefore, this Order TERMINATES Plaintiff's case. The Clerk of the Court shall terminate all pending motions and close the file. IT IS SO ORDERED. DATED: ______9/3/08 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge P:\PRO-SE\SBA\CR.05\Goldstein3209.Dismiss.frm 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GOLDSTEIN, Plaintiff, v. COUNTY OF SAN MATEO et al, Defendant. / Case Number: CV05-03209 SBA CERTIFICATE OF SERVICE 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 September 4, 2008, 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. Darryl Lee Goldstein 101 Hyde Street San Francisco, CA 94102 Dated: September 4, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk P:\PRO-SE\SBA\CR.05\Goldstein3209.Dismiss.frm 2

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