Works v. Cate et al

Filing 15

ORDER DISMISSING CASE (Strike), With Prejudice, for Failure to State a Claim Upon Which Relief May Be Granted and ORDER for this Dismissal to Count as a Strike Pursuant to 28 U.S.C. 1915(g), signed by Magistrate Judge Gary S. Austin on 8/11/2011. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY WORKS,

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1:10-cv-00121-GSA-PC
Plaintiff,

ORDER DISMISSING THIS ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM UPON WHICH RELIEF MAY BE
GRANTED
(Doc. 1.)

v.
MATTHEW CATE, et al.,

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ORDER FOR THIS DISMISSAL TO COUNT
AS A STRIKE PURSUANT TO 28 U.S.C. §
1915(g)

Defendants.
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ORDER FOR CLERK TO CLOSE CASE
/

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Plaintiff Jeffrey Works (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on January 25, 2010. (Doc. 1.) On

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February 5, 2010, Plaintiff consented to Magistrate Judge jurisdiction in this action, and no other

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parties have made an appearance. (Doc. 5.) Therefore, pursuant to Appendix A(k)(4) of the Local

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Rules of the Eastern District of California, the undersigned shall conduct any and all proceedings in

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the case until such time as reassignment to a District Judge is required. Local Rule Appendix

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A(k)(3).

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On March 22, 2011, the undersigned dismissed Plaintiff’s complaint for failure to state a

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claim upon which relief may be granted and gave Plaintiff leave to file an amended complaint within

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thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). (Doc.8.) Plaintiff was granted three thirty1

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day extensions of time to file the amended complaint. (Docs. 10, 12, 14.) The latest thirty-day time

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period has expired, and Plaintiff has not complied with or otherwise responded to the Court’s order.

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As a result, there is no pleading on file which sets forth any claims upon which relief may be granted

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under section 1983.

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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), IT IS HEREBY

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ORDERED that:

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This action DISMISSED, with prejudice, based on Plaintiff’s failure to state any
claims upon which relief may be granted under section 1983;

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2.

This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g); and

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3.

The Clerk is DIRECTED to close this case.

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IT IS SO ORDERED.
Dated:
6i0kij

August 11, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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