Summers v. Chapnick et.al.

Filing 10

ORDER OF DISMISSAL. The deadline has since passed, and Plaintiff has not filed a complaint. Accordingly, this case is DISMISSED without prejudice for failure to file a complaint. Signed by Judge Edward J. Davila on 9/20/2012. (ecg, COURT STAFF) (Filed on 9/21/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 IN RE GEORGE E. SUMMERS, 11 Plaintiff. 12 13 14 No. C 12-02491 EJD (PR) ) ) ) ) ) ) ) ) ) ORDER OF DISMISSAL 15 16 On May 16, 2012, Plaintiff filed a copy of a “Patient/Inmate Health Care Appeal” 17 which the Clerk of the Court construed as an attempt to file a complaint pursuant to 42 18 U.S.C. § 1983. On the same day, the Clerk sent Plaintiff a notice that he must submit a 19 complaint within thirty days of the notice to avoid dismissal of the action, and provided a 20 copy of the court’s form complaint. (Docket No. 3.) Thereafter, Plaintiff was granted 21 two extensions of time to file a complaint, such that his last deadline to file was 22 September 10, 2012. (Docket Nos. 6 & 8.) 23 24 The deadline has since passed, and Plaintiff has not filed a complaint. Accordingly, this case is DISMISSED without prejudice for failure to file a complaint. 25 DATED: 9/20/2012 EDWARD J. DAVILA United States District Judge 26 27 28 Order of Dismissal 02491Summers_dism-noncompl.wpd 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN RE GEORGE E. SUMMERS, Case Number: CV12-02491 EJD Plaintiff. CERTIFICATE OF SERVICE / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 9/21/2012 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. George E. Summers C47252 Avenal State Prison P. O. Box 9 Avenal, CA 93204 Dated: 9/21/2012 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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