Funtanilla v. Tristan et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GREGORIO C. FUNTANILLA, JR.,
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
DAVID TRISTAN, et al.,
(Docs. 7 and 9)
ORDER COUNTING DISMISSAL AS A
STRIKE UNDER 28 U.S.C. § 1915(G)
Plaintiff Gregorio C. Funtanilla, Jr., a state prisoner proceeding pro se and in forma pauperis,
filed this civil rights action pursuant to 42 U.S.C. § 1983 on June 9, 2010. On June 3, 2011, the
Court dismissed Plaintiff’s amended complaint for failure to state a claim, and ordered Plaintiff to
file a second amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To
date, Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there
is no pleading on file which sets forth a claim upon which relief may be granted.
Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is
HEREBY DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon which relief
may be granted under section 1983. This dismissal SHALL count as a strike under 28 U.S.C. §
IT IS SO ORDERED.
August 15, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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