Curry v. Medina et al

Filing 8

ORDER OF DISMISSAL. The deadline has long since passed, and Plaintiff has failed to file a response to the court order. Accordingly, this case is DISMISSED without prejudice. The Clerk shall terminate any pending motions. Signed by Judge Edward J. Davila on 4/5/2013. (ecg, COURT STAFF) (Filed on 4/8/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MARCUS L. CURRY,

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Plaintiff,

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v.

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A. MEDINA, et al.,
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Defendants.
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No. C 12-04576 EJD (PR)

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ORDER OF DISMISSAL

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Plaintiff, a state prisoner at Pelican Bay State Prison, filed the instant civil rights

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action in pro se pursuant to 42 U.S.C. § 1983. On December 6, 2012, the Court dismissed

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the complaint with leave to amend such that Plaintiff had twenty-eight days from the date

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of the order to file an amended complaint using the court’s form complaint. (Docket No.

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7.) Plaintiff was also given the option to file notice if he wished to proceed only with the

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cognizable claims against certain defendants and strike all other claims from the

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complaint. (Id. at 3.) Plaintiff was advised that “[f]ailure to respond in accordance with

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this order by filing an amended complaint will result in the dismissal of this action

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without prejudice and without further notice to Plaintiff.” (Id.)

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The deadline has long since passed, and Plaintiff has failed to file a response to the
court order. Accordingly, this case is DISMISSED without prejudice.
Order of Dismissal
G:\PRO-SE\SJ.EJD\CR.12\04576Curry_dism.wpd

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The Clerk shall terminate any pending motions.

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DATED:

4/5/2013

EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
G:\PRO-SE\SJ.EJD\CR.12\04576Curry_dism.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

MARCUS L. CURRY,

Case Number: CV12-04576 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
A. MEDINA, 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.
4/8/2013
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.

Marcus L. Curry P74528
Pelican Bay State Prison
P.O. Box 7500
Crescent City, CA 95532
Dated:

4/8/2013
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk