Merbach v. North Dakota State Water Commission et al

Filing 7

ORDER by Magistrate Judge Charles S. Miller, Jr. DISMISSING the action without prejudice.(KT) Distributed on 7/12/2013 (jt).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Carolyn T. Merbach,
Plaintiff,
vs.
North Dakota State Water Commission,
John Britnell, HR Manager, and Todd
Sando, Appointed Authority AG’s Office,
Defendants.

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ORDER FOR DISMISSAL

Case No. 1:13-cv-030

On May 22, 2013, the court issued an order in which it concluded that pro se plaintiff
Carolyn T. Merbach’s claims against the state of North Dakota and state employees in their official
capacities for money damages under the Americans with Disabilities Act were barred by the
Eleventh Amendment. The court instructed plaintiff to file a proposed amended complaint by no
later than June 30, 2013, if plaintiff intended to assert claims in addition to those the court
determined were barred and stated that if plaintiff failed to do so, the action would be dismissed
pursuant to 28 U.S.C. § 1915(e)(2). Plaintiff has not filed a proposed amended complaint.
Therefore, in accordance with the court’s prior order, the action is DISMISSED without prejudice.
IT IS SO ORDERED.
Dated this 12th day of July, 2013.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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