Baker v. Cate et al

Filing 11

ORDER dismissing supervisory liability claim against defendant Cate. Signed by Judge Claudia Wilken on 9/23/2009. (cp, COURT STAFF) (Filed on 9/23/2009)

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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 REGINALD L. BAKER, Plaintiff, v. M. CATE, et al., Defendants. / No. C 08-03592 CW (PR) ORDER DISMISSING SUPERVISORY LIABILITY CLAIM AGAINST DEFENDANT CATE On July 7, 2009, the Court issued an Order allowing Plaintiff to amend his supervisory liability claim against Defendant California Department of Corrections and Rehabilitation Secretary M. Cate. The Court gave Plaintiff until August 6, 2009 to file an Failure to do so would result in amendment to the complaint. dismissal of his supervisory liability claim without prejudice. The time to file the amendment to the complaint has passed, and Plaintiff has failed to do so. Accordingly, IT IS HEREBY ORDERED that the supervisory liability claim against Defendant Cate is dismissed without prejudice. IT IS SO ORDERED. Dated: September 23, 2009 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA REGINALD L. BAKER, Plaintiff, v. M. CATE et al, Defendant. / Case Number: CV08-03592 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 September 23, 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. Reginald L. Baker F-24891 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95532 Dated: September 23, 2009 Richard W. Wieking, Clerk By: Clara Pierce, Deputy Clerk

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