Summary
In Bliss v. Watkins (16 Ala. 229), decided in 1849, the Supreme Court of Alabama said: "It seems to be well settled in New York, where judgments constitute a lien upon land, that where two judgments are rendered on the same day, although neither judgment creditor has the preference as a lien, yet if one of the creditors first take out execution, and proceed to levy and sell, his execution must be first satisfied, by reason of his superior diligence although the other creditor put his execution in the hands of the sheriff before the sale.
Summary of this case from Hulbert v. HulbertOpinion
No. C 02-3265 MMC (PR)
October 2, 2002
ORDER OF DISMISSAL
Plaintiff, a California state prisoner, filed this pro se civil rights complaint pursuant to 42 U.S.C. § 1983. On August 8, 2002, the Court dismissed the complaint for failure to state a cognizable claim for relief Plaintiff was granted leave to amend the complaint within thirty days to cure the deficiencies in his claims, and the Court cautioned that failure to do so would "result in the dismissal of this action." Plaintiff has not filed an amended complaint. Accordingly, the case is hereby DISMISSED. See WMX Technologies v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (holding further action by district court necessary where plaintiff fails to amend after complaint has been dismissed with leave to amend).
All pending motions are terminated and the Clerk shall close the file.
IT IS SO ORDERED.