Bustamante v. Superior Court of California et al

Filing 11

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 7/20/12. (lrc, COURT STAFF) (Filed on 7/24/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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v.
SUPERIOR COURT OF CALIFORNIA, et al.,

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Defendants.

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ORDER OF DISMISSAL

Plaintiff,

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No. C 11-03492 SBA (PR)

JOHN BUSTAMATE,

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On June 6, 2012, the Court issued an Order of Dismissal With Leave to Amend and gave

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Plaintiff thirty days from the date of the Order to file an amended complaint providing factual and

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legal bases for his claims. Plaintiff was warned that a failure to timely file an amended complaint

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would result in dismissal for failure to prosecute.

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The time for 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

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DISMISSED for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Court

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has rendered its final decision on this matter; therefore, this Order TERMINATES Plaintiff's case.

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The Clerk of the Court shall terminate all pending motions and close the file.

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When and if Plaintiff is prepared to pursue his claims, he may file a new civil rights action.

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The limitations period to file a § 1983 action in California is two years, but it is tolled for up to two

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years during a continuous period of incarceration. See Silva v. Crain, 169 F.3d 608, 610 (9th Cir.

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1999) (holding, pursuant to Cal. Civ. Proc. Code § 340(3), that the limitations period for filing a

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§ 1983 action in California is one year); S.B. 688 (amending Cal. Civ. Proc. Code § 340(3) and

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adding § 335.1 to establish two-year residual limitations period for personal injury actions); Cal.

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Civ. Proc. Code § 352.1(a) (providing for an additional two years of tolling during a period of

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continual imprisonment).

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IT IS SO ORDERED.
DATED:

7/20/12
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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G:\PRO-SE\SBA\CR.11\Bustamante3492.dismiss(noAC).wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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JOHN BUSTAMATE,
Case Number: CV11-03492 SBA

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Plaintiff,
CERTIFICATE OF SERVICE

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v.
SUPERIOR COURT OF CA et al,
Defendant.

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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 July 24, 2012, 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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John Bustamante
102247 Pistachio Way
Sacramento, CA 95827
Dated: July 24, 2012
Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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G:\PRO-SE\SBA\CR.11\Bustamante3492.dismiss(noAC).wpd

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