Rocha v. Reed et al

Filing 12

ORDER signed by Magistrate Judge Sandra M. Snyder on 7/8/2010 DISMISSING Complaint for failure to state a claim upon which relief may be granted. CASE CLOSED.(Lundstrom, T)

Rocha v. Reed et al

Doc. 12

1 2 3 4 5 6 7 8 9 10 ALFRED SANTOS ROCHA, 11 Plaintiff, 12 v. 13 14 15 16 17 Plaintiff Alfred Rocha is a state prisoner proceeding pro se and in forma pauperis. In a 18 complaint filed August 8, 2007 (Doc. 1), Plaintiff alleged that a Kern County Sheriff's 19 Department officer used excessive force when arresting Plaintiff on December 31, 2005. 20 Plaintiff consented to the jurisdiction of a U.S. Magistrate Judge on April 8, 2009 (Doc. 9). 21 On April 1, 2010, this Court dismissed Plaintiff's complaint for failure to state any claim 22 upon which relief may be granted, and granted Plaintiff leave to amend his complaint within thirty 23 days (Doc. 10). Plaintiff neither filed an amended complaint nor responded to the Court's order in 24 any other way. As a result, no pleading remains on file which sets forth any claims upon which 25 relief may be granted under 42 U.S.C. § 1983. 26 /// 27 /// 28 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA CASE NO. 1:07-CV-01149-SMS ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED

KERN COUNTY OFFICER REED, Defendant. / (Doc. 10)

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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 a claim upon which relief may be granted. The Clerk of Court is hereby directed to close the case.

IT IS SO ORDERED. Dated: icido3 July 8, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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