Whitehead v. Veal et al
Filing
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ORDER signed by District Judge Otis D. Wright, II on 5/14/2011 GRANTING defendants motion to dismiss first amended complaint, pursuant to FRCP 12(b)(6); Plaintiff has filed no amended pleading and this matter is hereby DISMISSED. CASE CLOSED. (Reader, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WALTER WHITEHEAD,
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Plaintiff,
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vs.
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MARTIN VEAL, WARDEN, TERESA
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SCHWARTS; and MIKE SOARES,
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Defendants
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No. 2:06-CV-01621 ODW
ORDER OF DISMISSAL
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Defendants filed a Motion to Dismiss Plaintiff’s First Amended Complaint
[Docket No. 4] pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure. (Docket Nos. 28, 28-1) By Order of this Court, the motion was
granted on the grounds that plaintiff had shown no property interest in funds
which were removed from his account and therefore had stated no claim for
deprivation of property without due process of law. Plaintiff was given leave
to amend the complaint, said amended pleading to be filed no later than April
29, 2011.
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Plaintiff has filed no amended pleading and this matter is hereby
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DISMISSED.
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DATED: May 14, 2011
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______________________________
OTIS D. WRIGHT, II, DISTRICT JUDGE
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