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 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

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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

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