Hatcher v. Madera County Jail et al

Filing 25

ORDER DISMISSING ACTION (Strike) with Prejudice, for Failure to State a Claim Under Section 1983; ORDER Counting Dismissal as a Strike Pursuant to Section 1915(G)signed by Chief Judge Anthony W. Ishii on 09/05/2010. CASE CLOSED. (Flores, E)

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(PC) Hatcher v. Madera County Jail et al Doc. 25 1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Plaintiff Donald W. Hatcher is a state prisoner proceeding pro se and in forma pauperis in 16 this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on June 1, 2007. On 17 July 8, 2010, the Magistrate Judge dismissed Plaintiff's amended complaint for failure to state any 18 claims upon which relief may be granted, and ordered Plaintiff to file a second amended complaint 19 within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date, Plaintiff has not complied 20 21 forth any claims upon which relief may be granted under section 1983. 22 /// 23 /// 24 /// 25 /// 26 27 28 The order was returned undelivered with a notation that Plaintiff is not located at California State PrisonL a n c a s te r . However, the order was served on Plaintiff at his current address of record with the Court and service is th e r e fo r e deemed effective. Local Rule 182(f). 1 UNITED STATES DISTRICT COURT DONALD W. HATCHER, Plaintiff, v. MADERA COUNTY JAIL, et al., Defendants. / CASE NO. 1:07-cv-00803-AWI-SMS PC ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UNDER SECTION 1983 (Docs. 23 and 24 ) ORDER COUNTING DISMISSAL AS A STRIKE PURSUANT TO SECTION 1915(G) with or otherwise responded to the Court's order.1 As a result, there is no pleading on file which sets 1 Dockets.Justia.com 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), this action is HEREBY 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: 0m8i78 September 5, 2010 CHIEF UNITED STATES DISTRICT JUDGE 2

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