Cunha v. Corcoran II, et al.

Filing 10

ORDER DISMISSING ACTION, With Prejudice, For Failure to State a Claim Upon Which Relief May be Granted, and DIRECTING Clerk to Close this Case, signed by Magistrate Judge Sandra M. Snyder on 1/23/2009. CASE CLOSED. (Jessen, A)

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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 1 T h e United States Postal Service returned the order on December 12, 2008 as undeliverable. A notation on th e envelope indicates that plaintiff is not at his address-of-record used by the court. However, plaintiff has not n o t i fi e d the court of any change in his address. Absent such notice, service at a party's prior address is fully e f fe c t i v e . Local Rule 83-182(f). UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JAMES EDWARD CUNHA, Plaintiff, v. CORCORAN II (CSATF), et al., 1:07-cv-00619-SMS-PC ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (Doc. 1.) Defendants. Plaintiff James Edward Cunha ("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 April 24, 2007. (Doc. 1.) On May 3, 2007, Plaintiff consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c)(1), and on November 24, 2008, the court reassigned this action to the undersigned. (Docs. 4, 8.) On November 26, 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. 9.) More than thirty days have passed, and Plaintiff has not complied with or otherwise responded to the Court's order.1 As a result, there 1 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 is no pleading on file which sets forth any claims upon which relief may be granted under section 1983. 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: icido3 January 23, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 2

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