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 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 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 2

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