Thompson v. Mata et al

Filing 11

ORDER dismissing action with prejudice for failure to state a claim upon which relief may ba granted and counting dismissal as a (Strike) signed by Magistrate Judge Sheila K. Oberto on 7/12/2011. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LEWIS THOMPSON,

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Plaintiff,

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CASE NO. 1:10-cv-00924-SKO PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

v.
MATA, et al.,

(Docs. 1 and 10)
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Defendants.
ORDER COUNTING DISMISSAL AS A
STRIKE UNDER 28 U.S.C. § 1915(G)

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Plaintiff Lewis Thompson, 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 May 24, 2010. On May 13, 2011, the Court

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dismissed Plaintiff’s complaint with leave to amend within thirty days. 28 U.S.C. § 1915A; 28

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U.S.C. § 1915(e). To date, Plaintiff has not complied with or otherwise responded to the Court’s

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order. As a result, there is no pleading on file which sets forth a claim upon which relief may be

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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 a claim upon which relief

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

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1915(g).

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IT IS SO ORDERED.

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Dated:
ie14hj

July 12, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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