Shaffer v. Curry et al

Filing 44

ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 10/22/09. (scc, COURT STAFF) (Filed on 10/22/2009)

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 file. On August 21, 2009, the Court issued an order of dismissal with leave to amend and gave Plaintiff thirty days from the date of the Order to file an amended complaint providing factual and legal bases for his claims. Failure to timely file an amended complaint The time for v. BEN CURRY, et al., Defendants. / RONALD A. SHAFFER, Plaintiff, No. C 08-01130 CW (PR) ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

would result in dismissal for failure to prosecute.

Plaintiff to file his amended complaint has passed, and no amended complaint has been filed. Accordingly, IT IS HEREBY ORDERED that the complaint in the above-captioned action is dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). All pending motions are TERMINATED. The Clerk of the Court

shall enter judgment in accordance with this Order and close the

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

When and if Plaintiff is prepared to pursue his claims, he may file a new civil rights action, if it is not barred by the applicable statute of limitations. IT IS SO ORDERED. Dated: 10/22/09 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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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 RONALD A SHAFFER, Plaintiff, v. BEN CURRY et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-01130 CW 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 October 22, 2009, 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.

Ronald A. Shaffer F00693 Correctional Training Facility C-OW-109 P.O. Box 689 Soledad, CA 93960 Dated: October 22, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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