Randolph v. Gillespie et al, No. 2:2013cv00320 - Document 11 (D. Nev. 2013)

Court Description: ORDER that this action shall be DISMISSED without prejudice for failure to state a claim upon which relief may be granted. The Clerk of Court shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Andrew P. Gordon on 7/2/2013. (Copies have been distributed pursuant to the NEF - SLD)
Download PDF
Randolph v. Gillespie et al Doc. 11 1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 WILLIAM RANDOLPH, 9 Plaintiff, 2:13-cv-00320-APG-PAL 10 vs. ORDER 11 12 13 SHERIFF GILLESPIE, et al. Defendants. 14 15 In this pro se civil rights action, plaintiff has not filed an amended complaint within the 16 time allowed by the prior screening order (#7). The order informed plaintiff that final judgment 17 would be entered without further advance notice if an amended complaint was not timely filed. 18 Plaintiff is not in custody. The prison mailbox rule therefore does not apply to render his 19 submissions timely by the date of mailing rather than the date of filing. 20 21 22 23 24 IT THEREFORE IS ORDERED that this action shall be DISMISSED without prejudice for failure to state a claim upon which relief may be granted. The Clerk of Court shall enter final judgment accordingly, dismissing this action without prejudice. DATED: July 2, 2013. 25 26 27 ________________________________ ANDREW P. GORDON United States District Judge 28 Dockets.Justia.com