Miehlich v. CDCR et al

Filing 7

ORDER DISMISSING 1 Action for Failure to State a Claim upon which Relief can be Granted signed by Magistrate Judge Gary S. Austin on 12/22/2010. CASE CLOSED. (Sant Agata, S)

(PC) Miehlich v. CDCR et al

Doc. 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. 17 § 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to 28 U.S.C. § 18 636(c)(1). 19 By order filed November 15, 2010, the operative complaint was dismissed for failure to 20 state a claim. Plaintiff was granted leave to file an amended complaint, and directed to do so 21 within thirty days. Plaintiff has not filed an amended complaint. 22 In the November 15, 2010, order the Court informed Plaintiff of the deficiencies in his 23 complaint, and dismissed the complaint on the ground that Plaintiff had failed to state a claim 24 upon which relief could be granted. Because Plaintiff has not filed an amended complaint, the 25 Court dismisses the claims made in the original complaint without prejudice for failure to state a 26 federal claim upon which the court could grant relief. See Noll v. Carlson, 809 F. 2d 1446, 1448 27 28 (9th Cir. 1987) (prisoner must be given notice of deficiencies and opportunity to amend prior to JOHN MIEHLICH, ) ) Plaintiff, ) ) v. ) ) ELLEN GREENMAN, M.D., et al., ) ) Defendants. ) ____________________________________) NO. 1:10-cv-00844-GSA-PC ORDER DISMISSING ACTION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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dismissing for failure to state a claim). 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.

IT IS SO ORDERED. Dated: 6i0kij

December 22, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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