Funtanilla v. Tristan et al

Filing 11

ORDER DISMISSING ACTION, With Prejudice, For Failure To State A Claim Upon Which Relief May Be Granted Under Section 1983 (Docs. 7 and 9 ), ORDER Counting Dismissal As A Strike Under 28 U.S.C. 1915(G), signed by District Judge Lawrence J. O'Neill on 8/15/2011. CASE CLOSED. (Strike)(Fahrney, E)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 GREGORIO C. FUNTANILLA, JR., 5 Plaintiff, 6 7 CASE NO. 1:10-cv-01048-LJO-SKO PC ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER SECTION 1983 v. DAVID TRISTAN, et al., (Docs. 7 and 9) 8 Defendants. ORDER COUNTING DISMISSAL AS A STRIKE UNDER 28 U.S.C. § 1915(G) 9 10 / 11 Plaintiff Gregorio C. Funtanilla, Jr., a state prisoner proceeding pro se and in forma pauperis, 12 filed this civil rights action pursuant to 42 U.S.C. § 1983 on June 9, 2010. On June 3, 2011, the 13 Court dismissed Plaintiff’s amended complaint for failure to state a claim, and ordered Plaintiff to 14 file a second amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To 15 date, Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there 16 is no pleading on file which sets forth a claim upon which relief may be granted. 17 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is 18 HEREBY DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon which relief 19 may be granted under section 1983. This dismissal SHALL count as a strike under 28 U.S.C. § 20 1915(g). 21 22 IT IS SO ORDERED. 23 24 Dated: b9ed48 August 15, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 25 26 27 28 1

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