Simmons

Simmons v. Avila

Good Law
United States District Court, Northern District of CaliforniaOctober 11, 20223:22-cv-01851California1,229 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GABRIEL D. SIMMONS, Case No. 22-cv-01851-JSC

Plaintiff,

ORDER OF PARTIAL DISMISSAL

v. AND OF SERVICE

M. AVILA, et al., Defendants.

Plaintiff, a California prisoner proceeding without an attorney, filed this civil rights action under 42 U.S.C. § 1983. His Complaint was dismissed in part, and he was granted leave to file an Amended Complaint. (ECF No. 7.) He was cautioned as follows:

If Plaintiff does not file an amended complaint within the designated time, or if the amendment is not sufficient, the claims against Defendants Perez and the SVSP Warden will be dismissed and service will be ordered upon Defendant Avila. 17 (Id.) Plaintiff was granted an extension of time. The new deadline has passed, and he has not 18 filed an Amended Complaint. Accordingly, it is hereby ordered as follows: 19 1. The claims against Defendants Perez and the SVSP Warden are DISMISSED with 20 prejudice1851. 21 2. Defendant M. Avila shall be served at…

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