Jenkins et al v. Correctional Officers from C.D.C.

Filing 15

ORDER DISMISSING CASE WITHOUT PREJUDICE. As the court finds it lacks subject matter jurisdiction over the claims raised by Plaintiff, this case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Edward J. Davila on 11/1/2011. (ejdlc1, COURT STAFF) (Filed on 11/1/2011) (Additional attachment(s) added on 11/1/2011: # 1 Certificate of Service) (ecg, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
CASE NO. 5:11-cv-00588 EJD

RALPH JENKINS,

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ORDER DISMISSING CASE WITHOUT
PREJUDICE

Plaintiff(s),
For the Northern District of California

United States District Court

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v.
SAN JOSE POLICE, et. al.,

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Defendant(s).
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/

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On September 27, 2011, the court ordered Plaintiff Ralph Jenkins to show cause in writing

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by October 27, 2011, why (1) he had failed to submit an application to proceed in forma pauperis

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and (2) why the district court had subject matter jurisdiction over this action. See Docket Item No.

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14. The court admonished Plaintiff that this case would be dismissed should he fail to show good

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cause.

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To date, Plaintiff has not complied with the show cause order as directed. Accordingly, as

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the court finds it lacks subject matter jurisdiction over the claims raised by Plaintiff, this case is

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DISMISSED WITHOUT PREJUDICE. See Frigard v. United States, 862 F.2d 201, 204 (9th Cir.

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1988).

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IT IS SO ORDERED.

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Dated: November 1, 2011
EDWARD J. DAVILA
United States District Judge

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CASE NO. 5:11-cv-00588 EJD
ORDER DISMISSING CASE WITHOUT PREJUDICE