Filing 19

ORDER DISMISSING CASE. Signed by Magistrate Judge Donna M. Ryu on 02/25/2013. (dmrlc1, COURT STAFF) (Filed on 2/25/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 ANTHONY A. PERRY, 12 Plaintiff, 13 No. C-12-03534 DMR ORDER OF DISMISSAL v. 14 UNITED STATES OF AMERICA, ET AL., 15 Defendants. ___________________________________/ 16 17 On November 21, 2012, the court granted pro se Plaintiff Anthony A. Perry’s application to 18 proceed in forma pauperis (“IFP”), dismissed the Complaint with leave to amend and ordered 19 Plaintiff to file an amended complaint by December 10, 2012. [Docket No. 9.] On December 10, 20 2012, Plaintiff filed a motion for an extension of time in which to file his amended complaint. 21 [Docket No. 12.] The court granted Plaintiff’s request and ordered Plaintiff to file the amended 22 complaint by January 4, 2013. [Docket No. 13.] On January 4, 2012, instead of filing the amended 23 complaint, Plaintiff filed a motion for reconsideration of the court’s November 21, 2012 order. 24 [Docket No. 14.] On January 14, 2013, the court denied Plaintiff’s motion for reconsideration and 25 granted Plaintiff until January 31, 2013 to file the amended complaint. [Docket No. 15.] Plaintiff 26 did not filed an amended complaint. On February 7, 2013, the court issued an order to show cause 27 why this matter should not be dismissed for failure to prosecute. [Docket No. 16.] 28 1 In his February 19, 2013 response to the order to show cause (Docket No. 18), Plaintiff did 2 not explain why he did not file a timely amended complaint, nor did he attempt to file an amended 3 complaint. Instead of addressing the defects in his earlier complaint, he discussed additional alleged 4 harms that he claims to have experienced since February 8, 2013. Plaintiff has been given ample 5 opportunity to file an amended complaint, and was warned that failure to do so would result in 6 dismissal of his case for failure to prosecute. The court now dismisses the complaint without 7 prejudice. S . Ryu aM e Donn JudgRYU DONNA M. 12 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 A H ER R NIA Dated: February 25, 2013 RT For the Northern District of California 11 NO United States District Court 10 DERED O OR IT IS S FO IT IS SO ORDERED. LI UNIT ED 9 RT U O 8 S DISTRICT TE C TA N F D IS T IC T O R C

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