Atterbury v. Stolp

Filing 8

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 2/6/12. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 2/7/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DANNY F. ATTERBURY,

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Plaintiff,
v.
MIKE STOLP,
Defendant.

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No. C 11-3878 LHK (PR)
ORDER OF DISMISSAL

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Plaintiff, a former civil detainee at Napa State Hospital (“NSH”), proceeding pro se, filed
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a civil rights complaint pursuant to 42 U.S.C. § 1983. On September 29, 2011, the Court
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dismissed this action and entered judgment because Plaintiff failed to submit a completed
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application to proceed in forma pauperis. On October 7 and October 12, 2011, Plaintiff filed
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motions to reconsider, alleging that he had been preoccupied and did not intend to miss the
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deadline for filing his application to proceed in forma pauperis. On December 21, 2011, the
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Court granted Plaintiff’s motions to reconsider, re-opened this action, granted Plaintiff leave to
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proceed in forma pauperis, and dismissed his complaint with leave to amend. In the order, the
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Court directed Plaintiff to file an amended complaint within thirty days, in which Plaintiff would
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support his allegations with specific facts.
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More than thirty days have passed, and Plaintiff has not filed his amended complaint, nor
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otherwise communicated with the Court. Accordingly, the instant action is DISMISSED without
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Order of Dismissal
G:\PRO-SE\SJ.LHK\CR.11\Atterbury878dis.wpd

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prejudice. The Clerk shall close the file.

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IT IS SO ORDERED.
2/6/12
DATED:

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LUCY H. KOH
United States District Judge

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Order of Dismissal
G:\PRO-SE\SJ.LHK\CR.11\Atterbury878dis.wpd

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