Martinez v. Enenmoh et al

Filing 15

ORDER DISMISSING ACTION, With Prejudice, For Failure To State A Claim Upon Which Relief May Be Granted Under Section 1983 (Docs. 4 and 14 ), ORDER Counting Dismissal As A Strike Under 28 U.S.C. 1915(G), signed by Judge Oliver W. Wanger on 7/14/2011. (Strike) CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANTONIO J. MARTINEZ,

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Plaintiff,

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CASE NO. 1:10-cv-00962-OWW-SKO PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

v.
A. ENENMOH, et al.,

(Docs. 4 and 14)
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Defendants.
ORDER COUNTING DISMISSAL AS A
STRIKE UNDER 28 U.S.C. § 1915(G)

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Plaintiff Antonio J. Martinez, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on May 17, 2010. On May 16, 2011, the Court

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

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1915A; 28 U.S.C. § 1915(e). To date, Plaintiff has not complied with or otherwise responded to the

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Court’s order. As a result, there is no pleading on file which sets forth a claim upon which relief

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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 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:
July 14, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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