Cen v. Triesch et al

Filing 12

ORDER DISMISSING ACTION for Plaintiff's Failure to State Any Claims Upon Which Relief Can Be Granted, signed by Magistrate Judge Sheila K. Oberto on 9/15/2010. CASE CLOSED. (Jessen, A)

(PC) Cen v. Triesch et al

Doc. 12

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Dockets.Justia.com

UNITED STATES DISTRICT COURT

JAMIE CEN, Plaintiff, v. TRIESCH, et al., Defendants. /

CASE NO. 1:09-cv-01728-SKO PC ORDER DISMISSING ACTION

Plaintiff Jamie Cen ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to jurisdiction by U.S. Magistrate Judge. (Doc. #5.) On July 16, 2010, the Court screened Plaintiff's complaint pursuant to 28 U.S.C. § 1915A(a). (Doc. #11.) The Court found that Plaintiff's complaint failed to state any claims upon which relief can be granted. The Court informed Plaintiff of the deficiencies in his claims and provided Plaintiff with leave to file an amended complaint that cured the deficiencies in his claims. Plaintiff was ordered to file his amended complaint within thirty days of the date of service of the July 16, 2010 order. Plaintiff's amended complaint was due on August 19, 2010. Plaintiff has not filed an amended complaint. Therefore, the Court will dismiss the claims raised in Plaintiff's original complaint, with prejudice, for failing to state any claims upon which relief can be granted.

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Accordingly, it is HEREBY ORDERED that: 1. This action is dismissed for Plaintiff's failure to state any claims upon which relief can be granted; and 2. The Clerk is directed to close this action.

IT IS SO ORDERED. Dated: ie14hj September 15, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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