Amacker v. Johnson and Johnson

Filing 10

***FILED IN ERROR. PLEASE IGNORE.*** ORDER re Plaintiff's Submission. Signed by Magistrate Judge Donna M. Ryu on 5/31/2016. (dmrlc3, COURT STAFF) (Filed on 5/31/2016) Modified on 5/31/2016 (dmrlc3, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALEXIS AMACKER,

Case No. 16-cv-00851-DMR

Plaintiff,
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v.

ORDER RE PLAINTIFF'S SUBMISSION

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JOHNSON AND JOHNSON,

Re: Dkt. No. 13

Defendant.

United States District Court
Northern District of California

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On March 16, 2016, the court issued an order granting Plaintiff’s application to proceed In

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Forma Pauperis and dismissing his complaint, due to numerous deficiencies, with leave to amend

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by March 31, 2016. [Docket No. 6.] The court informed Plaintiff that failure to file an amended

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complaint by March 31, 2016 could result in dismissal of the case without prejudice for failure to

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prosecute. [Docket No. 6 at 3.] Plaintiff did not file an amend complaint by March 31, 2016.

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On May 2, 2016, the court received additional papers from Plaintiff. [Docket No. 8.]

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Those papers did not appear to be an amended complaint. The court noted that if they were

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intended to be an amended complaint, they suffered from the same deficiencies identified in the

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court’s prior order. Further, they were not timely, as they were submitted to the court over a

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month after Plaintiff’s deadline to file an amended complaint. Id.

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On May 3, 2016, the court dismissed this action for failure to prosecute and closed the

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case. [Docket No. 8.] The court entered a judgment on May 4, 2016. [Docket No. 9.] Following

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the dismissal, Plaintiff submitted a number of documents and photos which were received by the

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court on May 25, 2016.

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Plaintiff’s complaint has been dismissed. As the case is now closed, the court will not

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respond to further submissions filed under this case number. The clerk is instructed to close the

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case and to return the papers received by the court on May 25, 2016 to Plaintiff. If Plaintiff

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wishes to pursue new claims related to the topic of the documents he has submitted to the court or

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any other subject he is free to file a new complaint.

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IT IS SO ORDERED.
Dated: May 31, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge

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United States District Court
Northern District of California

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