Smith v. Frauenhein et al
Filing
24
ORDER DISMISSING Action, With Prejudice, for Failure to State a Claim Upon Which Relief May Be Granted, signed by Magistrate Judge Gary S. Austin on 2/18/2009. CASE CLOSED. (Sondheim, M)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 / 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff James 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 October 23, 2006. (Doc. 1.) On November 13, 2006, Plaintiff consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c)(1), and on February 17, 2008, the court reassigned this action to the undersigned. (Docs. 3, 23.) On November 18, 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. 18.) On December 23, 2008, the court granted plaintiff a thirty day extension of time to respond to the Court's order. (Doc. 21.) 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. /// 1 ORDER FOR CLERK TO CLOSE CASE v. FRAUENHEIN, et al., (Doc. 1.) JAMES SMITH, Plaintiff, 1:06-cv-01479-GSA-PC ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), IT IS HEREBY ORDERED that: 1. This action is DISMISSED, with prejudice, based on Plaintiff's failure to state any claims upon which relief may be granted under section 1983; and 2. The Clerk is DIRECTED to close this case.
IT IS SO ORDERED. Dated: 6i0kij
February 18, 2009
/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE
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