Marshall v. Alameda County Sheriff's Department

Filing 11

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 4/29/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 4/29/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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v.
ALAMEDA COUNTY JAIL,
Defendant.

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United States District Court
For the Northern District of California

ORDER OF DISMISSAL

Plaintiff,

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No. C 12-02849 YGR (PR)

ALEXANDER MARSHALL,

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On December 5, 2012, the Court issued an Order Dismissing Complaint With Leave to

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Amend and gave Plaintiff thirty days from the date of the Order to file an amended complaint

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providing factual and legal bases for his claims. Plaintiff was warned that a failure to timely file an

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amended complaint would result in dismissal for failure to prosecute.

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On January 30, 2013, the Court issued an Order Granting in Part and Denying in Part

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Plaintiff's Request for an Extension of Time to File Amended Complaint. Plaintiff was directed to

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"file his amended complaint on or by April 5, 2013." (Jan. 30, 2013 Order at 2 (emphasis in

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original).)

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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 WITHOUT PREJUDICE for failure to prosecute pursuant to Federal Rule of Civil

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Procedure 41(b). The Clerk of the Court shall enter judgment, terminate all pending motions, and

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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.

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DATED: April 29, 2013
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
For the Northern District of California

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G:\PRO-SE\YGR\CR.12\Marshall2849.dism(noAC).wpd

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