Ruaigip v. Schwarzenegger

Filing 14

ORDER DISMISSING Action for Failure to State a Claim Upon Which Relief Could Be Granted, signed by Magistrate Judge Gary S. Austin on 9/1/10: This action is dismissed for failure to state a claim upon which relief can be granted. The Clerk is directed to close this case. (CASE CLOSED)(Hellings, J)

(PC)Ruaigip v. Schwarzenegger

Doc. 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. 17 § 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c)(1). 18 By order filed July 27, 2010, the operative complaint was dismissed for failure to state a 19 claim upon which relief could be granted. Plaintiff was granted leave to file an amended 20 complaint, and directed to do so within thirty days. Plaintiff has not filed an amended complaint. 21 In the July 27, 2010, order the court informed Plaintiff of the deficiencies in his 22 complaint, and dismissed the complaint on the ground that Plaintiff had failed to state a claim 23 upon which relief could be granted. Because Plaintiff has not filed an amended complaint, the 24 court dismisses the claims made in the original complaint with prejudice for failure to state a 25 federal claim upon which the court could grant relief. See Noll v. Carlson, 809 F. 2d 1446, 1448 26 27 dismissing for failure to state a claim). 28 (9th Cir. 1987) (prisoner must be given notice of deficiencies and opportunity to amend prior to GENI RUAIGIP, ) ) Plaintiff, ) ) v. ) ) GOV. SCHWARZENEGGER, ) ) Defendant. ) ____________________________________) NO. 1:08-cv-01259-GSA PC ORDER DISMISSING ACTION FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF COULD BE GRANTED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed for failure to state a claim upon which relief can be granted. The Clerk is directed to close this case.

IT IS SO ORDERED. Dated: 6i0kij

September 1, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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