Stevens v. Baker

Filing 12

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 2/5/13. (lrc, COURT STAFF) (Filed on 2/6/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DEAN STEVENS,

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For the Northern District of California

United States District Court

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Plaintiff,
v.
NICK BAKER and CATHOLIC
CHARITIES,
Defendants.
___________________________________

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No. C 12-2519 SBA (pr)
ORDER DISMISSING
ACTION WITHOUT
PREJUDICE

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On July 18, 2012, the Court issued an Order dismissing Plaintiff's complaint with
leave to amend. The Court granted Plaintiff twenty-eight days from the filing date of that
Order to file an amended complaint. (Dkt. 5). In the Order, Plaintiff was warned that the

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failure to file an amended complaint would result in the dismissal of his case without

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prejudice.

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On July 31, 2012, the July 18 Order served on Plaintiff was returned as

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undeliverable because Plaintiff is no longer in custody. (Dkt. 7, 8, 9). On September 28,

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2012, Plaintiff filed a notice of change of address. (Dkt. 10). On October 3, 2012, the

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Court served a copy of the July 18 Order on Plaintiff at his new address. (Dkt. 11). More

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than twenty-eight days have passed since the Order was sent to Plaintiff's new address,

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and, to date, Plaintiff has not filed an amended complaint or communicated with the

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Court. Accordingly,

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IT IS HEREBY ORDERED THAT the instant action is DISMISSED WITHOUT
PREJUDICE. When and if Plaintiff is prepared to pursue his claims, he may file a new

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civil rights action.
The Clerk shall close this case. All pending motions are terminated.
IT IS SO ORDERED.

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DATED: _2/5/13
_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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DEAN STEVENS,
Case Number: CV12-02519 SBA
Plaintiff,

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CERTIFICATE OF SERVICE
v.
NICK BAKER et al,
Defendant.

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For the Northern District of California

United States District Court

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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 February 6, 2013, 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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Dean M. Stevens 10061857
303 Anteeo Way
Santa Rosa, CA 95407
Dated: February 6, 2013
Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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G:\PRO-SE\SBA\CR.12\Stevens 12-2519 Dis Failure File Am Comp.frm

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For the Northern District of California

United States District Court

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