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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GREGORIO C. FUNTANILLA, JR.,

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Plaintiff,

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

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/

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Plaintiff Gregorio C. Funtanilla, Jr., a state prisoner proceeding pro se and in forma pauperis,
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filed this civil rights action pursuant to 42 U.S.C. § 1983 on June 9, 2010. On June 3, 2011, the
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Court dismissed Plaintiff’s amended complaint for failure to state a claim, and ordered Plaintiff to
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file a second amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To
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date, Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there
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is no pleading on file which sets forth a claim upon which relief 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:
b9ed48

August 15, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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