Oliver v. Noll et al

Filing 110

ORDER OF DISMISSAL. Signed by Judge Ronald M. Whyte on 7/30/12. (jg, COURT STAFF) (Filed on 7/31/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAMES LUCIUS OLIVER,
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Plaintiff,
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v.
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WARDEN C. NOLL, et al.,
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Defendants.
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No. C 09-3840 RMW (PR)
ORDER OF DISMISSAL

Plaintiff, a California state prisoner, filed a pro se civil rights complaint pursuant to 42

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U.S.C. § 1983. On June 5, 2012, the court granted defendants’ motion to dismiss plaintiff’s

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amended complaint for failure to state a claim, and dismissed the amended complaint with leave

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to amend. In the order, the court ordered plaintiff to file a second amended complaint curing the

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noted deficiencies within thirty days of the filing date of the order. The court warned that if he

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failed to file a response within the court’s deadline, it would result in the dismissal of this action

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without prejudice. More than thirty days have elapsed and the court has received no response

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from plaintiff.

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Accordingly, the instant action is DISMISSED without prejudice. The clerk shall
terminate all pending motions and close the file.
IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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Order of Dismissal
G:\PRO-SE\SJ.Rmw\CR.09\Oliver840dis.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JAMES LUCIUS OLIVER,

Case Number: CV09-03840 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
CHIEF DEPUTY WARDEN et al,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on July 31, 2012, 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.

James Lucius Oliver P-11301
Soledad State Prison (C.T.F.) North
Facility B, Lassen A, 116 Lower
P.O. Box 705
Soledad, CA 93960
Dated: July 31, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk