Smith v. Knowles et al

Filing 29

ORDER signed by Magistrate Judge Sandra M. Snyder on 1/27/2009 DISMISSING action with prejudice for failure to state a claim upon which relief may be granted. CASE CLOSED.(Lundstrom, T)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff James E. Smith ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on September 7, 2006. (Doc. 1.) On September 19, 2006, Plaintiff consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c)(1), and on December 24, 2008, the court reassigned this action to the undersigned. (Docs. 3, 28.) On September 19, 2008, the undersigned dismissed Plaintiff's complaint for failure to state a claim upon which relief may be granted and ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). (Doc. 23.) To date, Plaintiff has not complied with or otherwise responded to the Court's order. As a result, there is no pleading on file which sets forth any claims upon which relief may be granted under section 1983. Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED, with prejudice, based on Plaintiff's failure to state any claims upon which relief may be granted under section 1983. IT IS SO ORDERED. Dated: icido3 January 27, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE vs. KNOWLES, et al., Defendants. / JAMES E. SMITH, Plaintiff, 1:06-cv-01219-SMS-PC ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (Doc. 23.) ORDER FOR CLERK TO CLOSE CASE

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA