DAVILA v. KOZAK
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|Date Filed||#||Document Text|
|March 5, 2014
MEMORANDUM ORDER granting in part and denying in part 14 Motion to Dismiss. The Motion is denied with respect to Plaintiff's deliberate indifference claim and granted with respect to Plaintiff's simple negligence claim. It is further Or dered that this case is DISMISSED for Plaintiff's failure to prosecute because he has failed to keep the Court apprised of his current address and his whereabouts are unknown. It is further Ordered that the Report and Recommendation (ECF No. [2 2]) is ADOPTED as the opinion of the Court. It is further Ordered that the Clerk of Court mark this case CLOSED. And it is further Ordered that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/4/2014. (dlg)
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