Briggs v. Parvez

Filing 8

ORDER DISMISSING Action, With Prejudice, For Failure to State Any Claims Upon Which Relief May Be Granted (Docs. 1 and 6 ); ORDER Counting Dismissal as a STRIKE Under 28 U.S.C. § 1915(G), signed by Magistrate Judge Sheila K. Oberto on 4/15/11. (Hellings, J)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

EBONIQUE BRIGGS,

10

Plaintiff,

11
12

CASE NO. 1:09-cv-02032-SKO PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
ANY CLAIMS UPON WHICH RELIEF
MAY BE GRANTED

v.
ZAFAR PARVEZ,

(Docs. 1 and 6)
13

Defendant.
ORDER COUNTING DISMISSAL AS A
STRIKE UNDER 28 U.S.C. § 1915(G)

14
/
15
16

Plaintiff Ebonique Briggs, a state prisoner proceeding pro se and in forma pauperis, filed this
17
civil rights action pursuant to 42 U.S.C. § 1983 on November 19, 2009. On February 3, 2011, the
18
Court dismissed Plaintiff’s complaint for failure to state any claims and ordered Plaintiff to file an
19
amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date, Plaintiff
20
has not complied with or otherwise responded to the Court’s order. As a result, there is no pleading
21
on file which sets forth any claims upon which relief may be granted.
22
///
23
///
24
///
25
///
26
///
27
///
28
1

1

Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is

2

HEREBY DISMISSED, with prejudice, based on Plaintiff’s failure to state any claims upon which

3

relief may be granted under section 1983. This dismissal SHALL count as a strike under 28 U.S.C.

4

§ 1915(g).

5
6

IT IS SO ORDERED.

7

Dated:
ie14hj

April 15, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2