Hunter v. Director of Corrections et al

Filing 21

ORDER DISMISSING 1 Action signed by Magistrate Judge Gary S. Austin on 10/28/2011. CASE CLOSED. (Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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LEROY DEWITT HUNTER,
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Plaintiff,
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v.
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C/O RUBIO, et al.,
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Defendants.
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____________________________________)

NO. 1:10-cv-00099-GSA-PC
ORDER DISMISSING ACTION

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Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C.

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§ 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to 28 U.S.C. §

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636(c)(1).

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By order filed September 28, 2011, the operative complaint was dismissed for failure to

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state a claim. Plaintiff was granted leave to file an amended complaint, and directed to do so

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within thirty days. Plaintiff has not filed an amended complaint. Court records indicate that the

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order was served upon Plaintiff at his address of record and were returned by the U.S. Postal

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Service with the indication that Plaintiff refused delivery.

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In the September 28, 2011, order the Court informed Plaintiff of the deficiencies in his

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complaint, and dismissed the complaint on the ground that Plaintiff had failed to state a claim

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upon which relief could be granted. Because Plaintiff has not filed an amended complaint, the

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Court dismisses the claims made in the original complaint with prejudice for failure to state a

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federal claim upon which the court could grant relief. See Noll v. Carlson, 809 F. 2d 1446, 1448

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(9th Cir. 1987) (prisoner must be given notice of deficiencies and opportunity to amend prior to

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dismissing for failure to state a claim).

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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.

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IT IS SO ORDERED.
Dated:
6i0kij

October 28, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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