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Villanueva v. Correctional Officer R. Monroy

United States District Court, Ninth Circuit, California, N.D. California
Dec 21, 2005
C 05-3821 MMC (PR) (N.D. Cal. Dec. 21, 2005)

Opinion


PHILLIP VILLANUEVA, Plaintiff, v. CORRECTIONAL OFFICER R. MONROY, Defendant. No. C 05-3821 MMC (PR) United States District Court, N.D. California. December 21, 2005

          ORDER OF DISMISSAL

          MAXINE CHESNEY, District Judge.

         Plaintiff, a California prisoner proceeding pro se, filed the above-titled civil rights action under 42 U.S.C. § 1983. On October 28, 2005, the Court dismissed the complaint for failure to state a cognizable claim for relief. Plaintiff was granted leave to file, within 30 days, an amended complaint curing the deficiencies noted. The Court cautioned plaintiff that his failure to file an amended complaint within the time provided would "result in the dismissal of this action." Plaintiff has not filed an amended complaint. Accordingly, the above-titled action is hereby DISMISSED without prejudice. 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 dismissal with leave to amend).

         The Clerk shall close the file and terminate any pending motions.

         IT IS SO ORDERED.


Summaries of

Villanueva v. Correctional Officer R. Monroy

United States District Court, Ninth Circuit, California, N.D. California
Dec 21, 2005
C 05-3821 MMC (PR) (N.D. Cal. Dec. 21, 2005)
Case details for

Villanueva v. Correctional Officer R. Monroy

Case Details

Full title:PHILLIP VILLANUEVA, Plaintiff, v. CORRECTIONAL OFFICER R. MONROY…

Court:United States District Court, Ninth Circuit, California, N.D. California

Date published: Dec 21, 2005

Citations

C 05-3821 MMC (PR) (N.D. Cal. Dec. 21, 2005)