Randolph v. Gillespie et al

Filing 11

ORDER that this action shall be DISMISSED without prejudice for failure to state a claim upon which relief may be granted. The Clerk of Court shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Andrew P. Gordon on 7/2/2013. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8

WILLIAM RANDOLPH,
9
Plaintiff,

2:13-cv-00320-APG-PAL

10
vs.
11
12
13

ORDER
SHERIFF GILLESPIE, et al.
Defendants.

14
15

In this pro se civil rights action, plaintiff has not filed an amended complaint within the

16

time allowed by the prior screening order (#7). The order informed plaintiff that final judgment

17

would be entered without further advance notice if an amended complaint was not timely filed.

18

Plaintiff is not in custody. The prison mailbox rule therefore does not apply to render his

19

submissions timely by the date of mailing rather than the date of filing.

20
21
22
23
24

IT THEREFORE IS ORDERED that this action shall be DISMISSED without prejudice
for failure to state a claim upon which relief may be granted.
The Clerk of Court shall enter final judgment accordingly, dismissing this action without
prejudice.
DATED: July 2, 2013.

25
26
27
28

________________________________
ANDREW P. GORDON
United States District Judge