Stearns et al v. Sala et al

Filing 55

ORDER DISMISSING CASE. Signed by Judge Jeremy Fogel on 11/13/08. (dlm, COURT STAFF) (Filed on 11/14/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. J.S. WOODFORD, et al., Defendants. SCOTT STEARNS, Plaintiff, NOT FOR CITATION UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) ) No. C 05-2443 JF (PR) ORDER OF DISMISSAL

On September 30,2008, the Court granted Defendants' motion to dismiss, and gave Plaintiff leave to amend certain claims within thirty days. Plaintiff was cautioned that his failure to file a timely amended complaint curing the deficiencies in such claims would result in the dismissal of this action. Plaintiff has not filed an amended complaint or otherwise responded to the Court's order. Accordingly, the instant matter is hereby DISMISSED. See WMX

Technologies, Inc. v. Miller, 104 F.3d 1135, 1136 (9th Cir. 1997) (further order of dismissal is required following failure to amend).
IT IS SO ORDERED. 11/13/08 DATED: __________________ JEREMY FOGEL United States District Judge

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