Montano v. Salinas Valley Medical et al

Filing 10

ORDER OF DISMISSAL. Plaintiff has failed to file an amended complaint in accordance with the Court's Order of Dismissal with Leave to Amend in the time provided. Accordingly, this action is DISMISSED without prejudice. Signed by Judge Edward J. Davila on 6/21/2012. (ecg, COURT STAFF) (Filed on 6/25/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ISEDRO S. MONTANO,
Plaintiff,

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vs.

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SALINAS VALLEY MEDICAL, et al.,
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Defendants.
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No. C 11-04524 EJD (PR)

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ORDER OF DISMISSAL

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Plaintiff filed a pro se civil rights action under 42 U.S.C. § 1983, against Salinas

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Valley Medical and prison medical officials. On February 15, 2012, the Court dismissed

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the complaint with leave to amend because Plaintiff failed to show how each individual

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Defendant’s response to alleged serious medical needs was inadequate. . (See Docket No.

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6.) The Court advised Plaintiff that if he failed to file an amended complaint within the

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time provided, the Court would dismiss this action without prejudice. (Id.) On March 22,

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2012, the Court granted Plaintiff’s motion for an extension of time such that an amended

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complaint was due no later than April 21, 2012. (See Docket No. 8.) On April 30, 2012,

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Plaintiff filed over 200 pages of various documents without explanation as to the content

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of these documents or his intent in filing them. These documents alone are not sufficient

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to constitute an amended complaint.
Order of Dismissal
G:\PRO-SE\SJ.EJD\CR.11\04524Montano_dism.wpd

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Plaintiff has failed to file an amended complaint in accordance with the Court’s

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Order of Dismissal with Leave to Amend in the time provided. Accordingly, this action

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is DISMISSED without prejudice.

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DATED:

June 21, 2012

EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
G:\PRO-SE\SJ.EJD\CR.11\04524Montano_dism.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ISEDRO S MONTANO,

Case Number: CV11-04524 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
SALINAS VALLEY MEDICAL, et al.,
Defendants.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
6/25/2012
That on
, 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.

Isedro S. Montano K 71942
Salinas Valley State Prison
P. O. 1050
Soledad, CA 93960
Dated:

6/25/2012
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk