Copeland v. San Benito County Corrections Bureau

Filing 15

ORDER OF DISMISSAL. Signed by Judge Haywood S. Gilliam, Jr. on 11/26/2024. (ndr, COURT STAFF) (Filed on 11/26/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DENNIS G. COPELAND,
Plaintiff,

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Case No. 24-cv-05228-HSG
ORDER OF DISMISSAL

v.

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SAN BENITO COUNTY CORRECTIONS
BUREAU,

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United States District Court
Northern District of California

Defendant.
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Plaintiff filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. ECF No. 1. On

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October 17, 2024, the Court found that the complaint failed to state a claim for relief, dismissed

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the complaint with leave to amend, and ordered Plaintiff to file an amended complaint by

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November 14, 2024, or face dismissal of this action. Dkt. No. 12. On November 4, 2024, the

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Court’s October 17, 2024 Order was returned to the Court as undeliverable, with a notation that

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Plaintiff was no longer in custody. Dkt. No. 14.
The deadline to file an amended complaint has passed, and Plaintiff has neither filed an

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amended complaint nor communicated further with the Court. The Court is unaware of Plaintiff’s

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current location. Accordingly, the Court DISMISSES this action because the complaint fails to

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state a cognizable claim for relief as detailed in the Court’s October 17, 2024 Order and because

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Plaintiff has not filed an amended complaint that addresses the identified deficiencies. The

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dismissal is without prejudice to filing a motion to reopen, accompanied by a proposed amended

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complaint that addresses the deficiencies identified in the Court’s October 17, 2024 Order, and

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explaining why Plaintiff failed to timely file an amended complaint.

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For the reasons set forth above, the Court DISMISSES this action without prejudice.

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Judgment is entered in favor of Defendant and against Plaintiff. The Clerk is directed to close the

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file.

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IT IS SO ORDERED.
Dated: 11/26/2024
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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