Evins v. Curry

Filing 16

ORDER DISMISSING SUPERVISORY LIABILITY CLAIM AGAINST DEFENDANT CURRY. Signed by Judge Claudia Wilken on 1/28/09. (scc, COURT STAFF) (Filed on 1/28/2009)

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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 WILLIAM L. EVINS, Plaintiff, v. BEN CURRY, Warden, et al., Defendants. / No. C 08-02537 CW (PR) ORDER DISMISSING SUPERVISORY LIABILITY CLAIM AGAINST DEFENDANT CURRY On December 4, 2008, the Court issued an Order of Service and directed Plaintiff to amend his supervisory liability claim against Defendant Curry. The Court gave Plaintiff until January 5, 2009, Failure to do so would to file an amendment to the complaint. result in dismissal of his supervisory liability claim without prejudice. The time to file the amendment to the complaint has Accordingly, passed, and Plaintiff has failed to do so. IT IS HEREBY ORDERED that the supervisory liability claim against Defendant Curry is dismissed without prejudice. IT IS SO ORDERED. Dated: 1/28/09 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 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 William L. Evins D14797 P.O. Box 689 Soledad, CA 93960 Dated: January 28, 2009 WILLIAM L. EVINS, Plaintiff, v. BEN CURRY et al, Defendant. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV08-02537 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 January 28, 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. Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk 2

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