Lewis v. San Pablo Lytton Casino et al

Filing 16

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 1/17/12. (lrc, COURT STAFF) (Filed on 1/17/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 GARY L. LEWIS,

Plaintiff,

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Case No: C 11-5060 SBA
ORDER DISMISSING ACTION

vs.

9 SAN PABLO LYTTON CASINO & CHRIST

TOPHER
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Defendants.
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Plaintiff Gary L. Lewis filed the instant pro se action, apparently pursuant to 42

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U.S.C. § 1983, against San Pablo Lytton Casino and “Christ Topher,” along with a request

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to proceed in forma pauperis (“IFP”). Dkt. 1, 4. On November 18, 2011, the Court

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dismissed the action for failure to state a claim, and gave Plaintiff until December 9, 2011

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to amend his complaint. Dkt. 15. The Court expressly warned Plaintiff that if he failed to

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file an amended complaint by that deadline, the Court would dismiss the action under

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Federal Rule of Civil Procedure 41(b) and terminate the action. Id. at 4. To date, Plaintiff

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has not filed an amended complaint. As such, the Court finds that dismissal of the action is

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appropriate. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). Accordingly,

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IT IS HEREBY ORDERED THAT the instant action is DISMISSED without
prejudice. The Clerk shall close the file and terminate any pending matters.
IT IS SO ORDERED.
Dated: January 17, 2012
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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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LEWIS et al,
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Plaintiff,
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v.
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SAN PABLO LYTTON CASINO et al,
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Defendant.
/

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Case Number: CV11-05060 SBA
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CERTIFICATE OF SERVICE
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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.

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That on January 17, 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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Gary L. Lewis
P.O. Box 99194
Emeryville, CA 94608

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Dated: January 17, 2012
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Richard W. Wieking, Clerk

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By: LISA R CLARK, Deputy Clerk

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