Hurt v. United States of America

Filing 17

ORDER re IFP complaint. Signed by Judge Hamilton on 11/13/2012. (pjhlc2, COURT STAFF) (Filed on 11/13/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TYRONE HURT,
Plaintiff,

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v.

ORDER RE IFP COMPLAINT

UNITED STATES OF AMERICA,

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For the Northern District of California

United States District Court

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No. C 12-4096 PJH

Defendant.
_______________________________/

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The complaint in this case was filed on August 2, 2012, along with an application to

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proceed in forma pauperis. The court reviewed the complaint under 28 U.S.C. § 1915(e),

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and determined that plaintiff “alleges no clear facts in support of his complaint, states no

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legitimate basis for the court’s subject matter jurisdiction, and does not identify any

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recognizable causes of action.” See Dkt. 8 (Aug. 23, 2012). As a result, the court

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dismissed the complaint, but granted leave to amend. Specific instructions on how to

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amend were provided in the dismissal order and a deadline of September 21, 2012 was

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set. The deadline has passed and plaintiff has not filed the amended complaint as ordered.

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Indeed, instead of filing an amended complaint, plaintiff filed a notice of appeal on

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September 10, 2012. The appeal has since been dismissed, and this case is still pending.

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Rather than issue an order to show cause why the complaint should not be dismissed with

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prejudice for failing to file an amended complaint, the court will afford plaintiff one final

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opportunity to amend his complaint in accordance with this court’s order of August 23,

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2012. The amended complaint must be filed no later than December 7, 2012 or the matter

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will be dismissed for failure to prosecute.

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IT IS SO ORDERED.

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Dated: November 13, 2012
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______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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