Iezzi v. Sullivan et al

Filing 10

ORDER DISMISSING CASE, signed by Chief Judge Irma E. Gonzalez on 2/12/2009. It is ORDERED that: This action is DISMISSED without prejudice for all the reasons stated in the Court's previous Order and for failing to comply with the Court's December 10, 2008 Order. The Clerk shall enter judgment accordingly and close the file. CASE CLOSED. (Scrivner, E)

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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 I. P ROCEDURAL HISTORY On June 9, 2008, Plaintiff, an inmate currently incarcerated at the California Substance A b u se Treatment Facility located in Corcoran, California and proceeding pro se, filed a civil righ ts Complaint pursuant to 42 U.S.C. 1983 in the Central District of California. Plaintiff did n o t prepay the $350 filing fee mandated by 28 U.S.C. 1914(a) to commence a civil action; in s te a d , he filed a Motion to Proceed In Forma Pauperis ("IFP") pursuant to 28 U.S.C. 1915(a) [Doc. No. 3]. Because the allegations in Plaintiff's Complaint arose from incidents -1M A R C E L E. IEZZI, C D C R #T-82984, P l a i n t if f , vs . W . J. SULLIVAN, Warden; C A LIF O R N IA DEPARTMENT OF C O R R E C T IO N S AND R E H A B IL IT A T IO N , Defendants. O R D E R DISMISSING CASE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Civil No. 08-0799 IEG (LSP) 0 8 cv 0 7 9 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 w h ich occurred at Corcoran State Prison, and no named Defendants were alleged to reside in the Central District, this matter was transferred to the Eastern District of California. The Court granted Plaintiff's Motion to Proceed IFP on June 16, 2008 [Doc. No. 5]. On N o ve m b e r 25, 2008, this matter was reassigned to Chief Judge Irma E. Gonzalez for all further p ro c e ed in gs [Doc. No. 7]. On December 10, 2008, this Court dismissed Plaintiff's Complaint w ith o u t prejudice for failing to state a claim and for seeking money damages against immune D e fe n d a n ts pursuant to 28 U.S.C. 1915(e)(2) & 1915A(b). Plaintiff was granted forty five (4 5 ) days leave to file a First Amended Complaint. That time has passed and Plaintiff has not filed an Amended Complaint. II. C ONCLUSION AND ORDER G o o d cause appearing, IT IS HEREBY ORDERED that: T h i s action is DISMISSED without prejudice for all the reasons stated in the Court's p revio u s Order and for failing to comply with the Court's December 10, 2008 Order. The Clerk s h a ll enter judgment accordingly and close the file. D A T E D : February 12, 2009 18 19 20 21 22 23 24 25 26 27 28 -2I R M A E. GONZALEZ, Chief Judge U nite d States District Court 0 8 cv 0 7 9 9

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