Stamper v. Blackwell et al

Filing 10

ORDER DISMISSING 1 Action (Strike), with Prejudice, for Failure to State a Claim upon which Relief may be Granted; ORDER Counting Dismissal as a STRIKE under 28 U.S.C. 1915(G) signed by Magistrate Judge Sheila K. Oberto on 6/21/2011. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL STAMPER,

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Plaintiff,

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CASE NO. 1:10-cv-00155-SKO PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED

v.
M. BLACKWELL, et al.,

(Doc. 9)
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Defendants.
ORDER COUNTING DISMISSAL AS A
STRIKE UNDER 28 U.S.C. § 1915(G)

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Plaintiff Michael Stamper, a state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on February 1, 2010. On April 8, 2011, the Court

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dismissed Plaintiff’s complaint for failure to state any claims, and ordered Plaintiff to file an

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amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date, Plaintiff

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has not complied with or otherwise responded to the Court’s order. As a result, there is no pleading

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on file which sets forth any claims upon which relief may be granted.

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

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

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relief may be granted. This dismissal SHALL count as a strike under 28 U.S.C. § 1915(g).

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IT IS SO ORDERED.

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Dated:
ie14hj

June 21, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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