Lister v. Secretary/Director of California Department of Correction Rehabilitation et al

Filing 11

ORDER DISMISSING Action, With Prejudice, for Failure to State a Claim Upon Which Relief May Be Granted; ORDER for Clerk to Close Case, signed by Magistrate Judge Sandra M. Snyder on 1/23/09. (CASE CLOSED)(Hellings, J)

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 IT IS SO ORDERED. Dated: icido3 January 23, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE Plaintiff Abner H. Lister ("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 June 4, 2007. (Doc. 1.) On June 13, 2007, Plaintiff consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c)(1). (Doc. 7.) On November 26, 2008, this case was reassigned to the v. DIRECTOR OF CDC, et al., ORDER FOR CLERK TO CLOSE CASE Defendants. / ABNER H. LISTER, Plaintiff, 1:07-cv-00813-SMS-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

undersigned to conduct any and all further proceedings in the case, including entry of a final judgment. (Doc. 9.) On December 1, 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. 10.) 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. Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), IT IS HEREBY ORDERED that this action is dismissed, with prejudice, based on Plaintiff's failure to state any claims upon which relief may be granted under section 1983.