Vickery v. Lopez et al

Filing 11

ORDER (1) DISMISSING State Law Claims, without Prejudice, for Lack of Jurisdiction, and (2) DISMISSING 1 Action, with Prejudice, for Failure to State any Claims under Section 1983; ORDER COUNTING DISMISSAL AS A STRIKE signed by Magistrate Judge Sandra M. Snyder on 11/10/2010. CASE CLOSED. (Sant Agata, S)

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(PC) Vickery v. Lopez et al Doc. 11 1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 Plaintiff John Vickery, a state prisoner proceeding pro se and in forma pauperis, filed this 18 civil rights action pursuant to 42 U.S.C. 1983 and California tort law on August 4, 2009. On 19 February 11, 2010, the Court dismissed Plaintiff's complaint for failure to state any claims under 20 section 1983, and ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. 21 1915A; 28 U.S.C. 1915(e). After obtaining two extensions of time, Plaintiff failed to comply with 22 the Court's order. As a result, there is no pleading on file which sets forth any claims upon which 23 relief may be granted. 24 Accordingly, it is HEREBY ORDERED that: 25 1. 26 lack of jurisdiction; 27 /// 28 1 Dockets.Justia.com UNITED STATES DISTRICT COURT JOHN VICKERY, Plaintiff, v. DR. S. LOPEZ, et al., Defendants. CASE NO. 1:09-cv-01358-SMS PC ORDER (1) DISMISSING STATE LAW CLAIMS, WITHOUT PREJUDICE, FOR LACK OF JURISDICTION, AND (2) DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE ANY CLAIMS UNDER SECTION 1983 (Doc. 6) ORDER COUNTING DISMISSAL AS A STRIKE UNDER 28 U.S.C. 1915(G) / Plaintiff's state law tort claims are dismissed from this action, without prejudice, for 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 2. This action is dismissed, with prejudice, based on Plaintiff's failure to state any claims upon which relief may be granted under section 1983; and 3. This dismissal shall count as a strike under 28 U.S.C. 1915(g). IT IS SO ORDERED. Dated: icido3 November 10, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 2

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