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BROCKETT v. HORSLEY

United States District Court, Northern District of California


April 24, 2003

JOSEPH HENRY BROCKETT, PLAINTIFF,
v.
DON HORSLEY, SHERIFF; ET AL., DEFENDANTS.

The opinion of the court was delivered by: Susan Illston, United States District Judge.

JUDGMENT

This action is dismissed for failure to state a claim upon which relief may be granted.

IT IS SO ORDERED AND ADJUDGED.

ORDER OF DISMISSAL

Joseph Henry Brockett, an inmate at the San Mateo County Jail, filed this pro se civil rights action under 42 U.S.C. § 1983. The court reviewed Brockett's complaint pursuant to 28 U.S.C. § 1915A and determined that not enough facts had been pled for the court to determine that he alleged a violation of his constitutional rights. Brockett was given leave to amend, ordered to file an amended complaint no later than December 13, 2002, and cautioned that failure to timely file an amended complaint would result in the dismissal of the action. See November 19, 2002 Order Of Dismissal With Leave To Amend, p. 3. The deadline has passed and the court has received nothing from Brockett in response to its Order of Dismissal With Leave To Amend. Accordingly, this action is DISMISSED for failure to state a claim upon which relief may be granted. The clerk shall close the file. Because this file is now being closed, Brockett should not file any more documents in it.

IT IS SO ORDERED.

20030424

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