Spells v. Smith et al

Filing 7

ORDER OF DISMISSAL. Signed by Magistrate Judge Kandis A. Westmore on 11/27/13. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 11/27/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EVERT SPELLS, Case No. C 13-4102 KAW (PR) 7 Plaintiff, 8 v. ORDER OF DISMISSAL 9 10 BRAD SMITH, et al., Defendants. United States District Court Northern District of California 11 12 13 Plaintiff, a state prisoner proceeding pro se, filed a civil rights action under 42 U.S.C. 14 ยง 1983. On October 11, 2013, the Court dismissed the complaint with leave to amend. (See 15 Docket No. 6.) The Court advised Plaintiff that if he failed to file an amended complaint within 16 twenty-one days from the date the order was filed, i.e., no later than November 1, 2013, the Court 17 would dismiss this action without prejudice. (See id. at 3.) 18 19 20 The deadline has since passed, and Plaintiff has not filed an amended complaint. Accordingly, this action is DISMISSED without prejudice. IT IS SO ORDERED. 21 22 Dated: 11/27/13 ______________________________________ KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 N:\Docs\KAW\Spells 13-4102 Dwla.docx

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