Cook v. Cate et al

Filing 5

ORDER OF DISMISSAL. The Court advised Plaintiff that if he failed to file anamended complaint within twenty-eight days from the date the order was filed, i.e., no later than March 27, 2013, the Court would dismiss this action without prejudice. (See id. at 4.) The deadline has since passed, and Plaintiff has not filed an amended complaint. Accordingly, this action is DISMISSED without prejudice. Signed by Judge Edward J. Davila on 4/10/2013. (ecg, COURT STAFF) (Filed on 4/10/2013)

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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 11 TIMOTHY J. COOK, 12 Plaintiff, 13 vs. 14 MATTHEW CATE, et al., 15 Defendants. 16 No. C 12-06265 EJD (PR) ) ) ) ) ) ) ) ) ) ) ) ORDER OF DISMISSAL 17 Plaintiff, a state prisoner proceeding pro se, filed a civil rights action under 42 18 19 U.S.C. ยง 1983. On February 27, 2013, the Court dismissed the complaint with leave to 20 amend. (See Docket No. 4.) The Court advised Plaintiff that if he failed to file an 21 amended complaint within twenty-eight days from the date the order was filed, i.e., no 22 later than March 27, 2013, the Court would dismiss this action without prejudice. (See id. 23 at 4.) 24 25 The deadline has since passed, and Plaintiff has not filed an amended complaint. Accordingly, this action is DISMISSED without prejudice. 26 27 DATED: 4/10/2013 EDWARD J. DAVILA United States District Judge 28 Order of Dismissal G:\PRO-SE\SJ.EJD\CR.12\06265Cook_dism.wpd 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TIMOTHY COOK, Case Number: CV12-06265 EJD Plaintiff, CERTIFICATE OF SERVICE v. MATHEW CATE, 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. 4/10/2013 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. Timothy J. Cook E40919 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95532 Dated: 4/10/2013 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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