Haden v. Chapelle

Filing 24

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Magistrate Judge Kandis A. Westmore on 9/15/14. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 9/15/2014)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 STEVEN HADEN, Case No. C 13-5512 KAW (PR) Plaintiff, 5 ORDER DISMISSING CASE WITHOUT PREJUDICE v. 6 KEVIN CHAPELL, et al., 7 Defendants. 8 9 10 Plaintiff Steven Haden, a state prisoner incarcerated at San Quentin State Prison, has filed United States District Court Northern District of California 11 a pro se civil rights action pursuant to 42 U.S.C. ยง 1983, alleging the violation of his constitutional 12 rights by the warden and medical staff at SQSP. On March 19, 2014, the Court dismissed the 13 complaint with leave to amend. Plaintiff was granted twenty-eight days in which to file an 14 amended complaint. Plaintiff filed several motions for an extension of time in which to file his 15 amended complaint. On June 27 and August 11, 2014, the Court granted Plaintiff's motions for 16 extensions of time. See Doc. nos. 20 and 23. In its August 11, 2014 Order, the Court granted 17 Plaintiff twenty-one days from the date of the Order to file his amended complaint. The Court 18 stated, "this will be the last motion for an extension of time that the Court is inclined to consider. 19 If the amended complaint is not filed within twenty-one days, the case shall be dismissed without 20 prejudice." 21 More than twenty-one days have passed and Plaintiff has not filed an amended complaint. 22 Therefore, this case is dismissed without prejudice. The Clerk shall terminate all pending motions 23 and close the file 24 25 IT IS SO ORDERED. 26 27 28 Dated: 9/15/14 _________________________________ KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE

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