Norbert v. San Francisco Sheriff SFSD Staff et al

Filing 14

ORDER OF DISMISSAL WITHOUT PREJUDICE: This action is dismissed without prejudice. The Clerk of the Court shall terminate all pending motions and close the file. (ig, COURT STAFF) (Filed on 6/14/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 KENYON M. NORBERT, 7 Case No. 15-cv-05755-DMR (PR) Plaintiff, 8 ORDER OF DISMISSAL WITHOUT PREJUDICE v. 9 SAN FRANCISCO SHERIFF’S DEPARTMENT STAFF, 10 Defendants. United States District Court Northern District of California 11 12 Plaintiff, who is currently in custody at the San Francisco County Jail #5 on 1 Moreland 13 Drive, San Bruno, California, filed a pro se civil rights action pursuant to 42 U.S.C. § 1983, in 14 which he alleged that jail officials violated his constitutional rights by being deliberately 15 indifferent to his safety needs and by denying him “3 hrs. a week [of] recreation.” Dkt. 1 at 6. 16 Plaintiff has consented to magistrate judge jurisdiction in this matter. Dkt. 1 at 5. 17 In an Order dated July 7, 2016, the court reviewed the complaint and dismissed it with 18 leave to amend. Dkt. 7. Thereafter, Plaintiff filed an amended complaint. Dkt. 11. 19 In an Order dated April 17, 2017, the Court dismissed Plaintiff’s amended complaint with 20 leave to amend within twenty-eight days. Dkt. 12. The Court informed Plaintiff that failure to file 21 a timely second amended complaint would result in the dismissal of his action without prejudice. 22 The twenty-eight-day deadline has passed, and Plaintiff has not filed a second amended 23 complaint or communicated with the Court in any manner. Accordingly, this action is dismissed 24 without prejudice. See Fed. R. Civ. P. 41(b).1 25 1 26 27 28 As mentioned above, Plaintiff has consented to magistrate judge jurisdiction. The undersigned Magistrate Judge, then, has jurisdiction to dismiss this action, even though Defendants have not been served or consented to magistrate jurisdiction. Cf. Neals v. Norwood, 59 F.3d 530, 532 (5th Cir. 1995) (holding that magistrate judge had jurisdiction to dismiss prison inmate’s action under 42 U.S.C. § 1983 as frivolous without consent of defendants because defendants had not been served yet and therefore were not parties). 1 The Clerk of the Court shall terminate all pending motions and close the file. 2 IT IS SO ORDERED. 3 4 5 Dated: June 14, 2017 ______________________________________ DONNA M. RYU United States Magistrate Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 KENYON M. NORBERT, Case No. 4:15-cv-05755-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 8 9 10 SAN FRANCISCO SHERIFF SFSD STAFF, et al., Defendants. I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on June 14, 2017, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Kenyon M. Norbert ID: Jail #14672255 SF# 642643 P.O. Box 67 San Bruno, CA 94066 19 20 Dated: June 14, 2017 21 22 Susan Y. Soong Clerk, United States District Court 23 24 25 26 27 By:________________________ Ivy Lerma Garcia, Deputy Clerk to the Honorable DONNA M. RYU 28 3

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