Price v. Henry et al

Filing 32

ORDER re 1 Complaint, filed by Melvin D. Price. Signed by Judge ARMSTRONG on 5/26/11. (lrc, COURT STAFF) (Filed on 5/27/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 09-06050 SBA (PR)

MELVIN D. PRICE,

ORDER DISMISSING EIGHTH
AMENDMENT CLAIM AGAINST
DEFENDANT WALL

Plaintiff,
v.
DR. HENRY, et al.,

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Defendants.

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United States District Court
For the Northern District of California

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On April 22, 2011, the Court issued an Order directing Plaintiff to amend his Eighth

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Amendment claim against Defendant Wall. The Court gave Plaintiff until May 23, 2011, to file an

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amendment to the complaint. He was warned the failure to do so would result in dismissal of his

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Eighth Amendment claim without prejudice. The time to file the amendment to the complaint has

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passed, and Plaintiff has failed to do so.

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IT IS HEREBY ORDERED that the Eighth Amendment claim against Defendant Wall is
DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
DATED:

5/26/11
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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G:\PRO-SE\SBA\CR.09\Price6050.Diss8thclaim-Wall.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF
CALIFORNIA

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MELVIN D. PRICE,
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Case Number: CV09-06050 SBA
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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DR. HENRY et al,
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Defendant.
United States District Court
For the Northern District of California

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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 May 27, 2011, 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.

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Melvin D. Price F-37541
Richard J. Donovan State Prison
P.O. Box 799003
San Diego, CA 92179
Dated: May 27, 2011
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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G:\PRO-SE\SBA\CR.09\Price6050.Diss8thclaim-Wall.wpd

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