Mason v. Adams et al

Filing 16

{VACATED PURSUANT TO ORDER 19 } ORDER, signed by District Judge Cindy K. Jorgenson on 4/3/09: The Clerk of Court must enter a judgment of dismissal of this case, with prejudice, for failure to state a claim. The Clerk of Court must indicate on the docket that the dismissal counts as a strike under 28 U.S.C. § 1915(g). (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 vs. Derral G. Adams, et al., Defendants. Glenn T. Mason, Plaintiff, ) ) ) ) ) ) ) ) ) ) No. CV 1-08-307-CKJ ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

KM

In a February 23, 2009 Order (Doc. #12), the Court dismissed Plaintiff's Amended Complaint for failure to state a claim. The Court gave Plaintiff 30 days to file a second amended complaint that cured the deficiencies identified in the Order and warned Plaintiff as follows: If Plaintiff fails to file a second amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal counts as a "strike' under 28 U.S.C. § 1915(g). More than 30 days have passed since the Court's February 23, 2009 Order was filed. Plaintiff has not filed a second amended complaint. In accordance with the Court's February 23, 2009 Order, the Court will require the Clerk of Court to enter a judgment of dismissal of this case, with prejudice, for failure to state a claim. This dismissal counts as a "strike" under 28 U.S.C. § 1915(g). Accordingly, ....

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 ORDERED that the Clerk of Court must enter a judgment of dismissal of this case, with prejudice, for failure to state a claim. The Clerk of Court must indicate on the docket that the dismissal counts as a strike under 28 U.S.C. § 1915(g).

DATED this 3rd day of April, 2009.

-2-