Herndon v. Impact/Oydessa Team Program, Probate

United States District Court for the Northern District of California

Herndon v. Impact/Oydessa Team Program, Probate

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 GERROD L. HERNDON, Case No. 23-cv-01675-CRB (PR) 5 Plaintiff, 6 v. ORDER OF DISMISSAL 7 IMPACT/OYDESSA TEAM PROGRAM, PROBATE, et al., Defendant(s). ° Plaintiff, a former state prisoner currently at All Saints Extended Care, an assisted living facility in San Rafael, California, filed a pro se complaint under

42 U.S.C. § 1983

using the court’s prisoner complaint form wherein he alleges that “copyright, trademark,” “business license and fishing license” and “other legal documents have not been honored.” ECF No. 1 at 3. He ° names as defendants “Impact/Oydessa Team Program, Probate” and licensed clinical social " worker “Ms. Murray Shortall” but sets forth no facts whatsoever describing any specific wrongdoing or tying defendants to any specific wrongdoing.

Id. at 1-3

. On May 16, 2023, the court dismissed the complaint with leave to amend for plaintiff “to = allege a claim for relief under § 1983, if he can.” ECF No. 4 at 2. The court explained that = 18 “(plaintiff must allege specific facts showing how a state actor caused the deprivation of a federal " right” and that “[c]onclusory allegations will not do.” Id. (citing Leer v. Murphy,

844 F.2d 628

, °° 634 (9th Cir. 1988)). The court also warned plaintiff that “[f]ailure to file a proper amended complaint within [28 days] will result in the dismissal of this action.” Id. at 2. More than 28 have passed since the court’s May 16, 2023 order and plaintiff has neither filed an amended complaint nor sought an extension of time to do so. This action accordingly is DISMISSED without prejudice and the clerk is directed to close the file. IT IS SO ORDERED. 26 Dated: June 16, 2023 co 5~—. 27 CHARLES R. BREYER United States District Judge

Reference

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