Matthews v. Holguin et al

Filing 12

ORDER DISMISSING 1 Action (Strike), with Prejudice, for Failure to State a Claim; ORDER that Dismissal Subject to 28 U.S.C. 1915(G) signed by Magistrate Judge Barbara A. McAuliffe on 1/19/2012. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TYE MATTHEWS,

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Plaintiff,

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CASE NO. 1:10-cv-01806-BAM PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM

v.
H. HOLGUIN, et al.,

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ORDER THAT DISMISSAL IS SUBJECT TO 28
U.S.C. § 1915(G)
Defendants.
/

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Plaintiff Tye Matthews (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on September

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30, 2010. An order was issued on December 1, 2011, dismissing the complaint, with leave to file

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an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was

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warned that if he failed to file an amended complaint in compliance with the order, this action would

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be dismissed, with prejudice, for failure to state any claims.

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More than thirty days have passed and Plaintiff has not complied with or otherwise responded

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to the Court’s order. As a result, there is no pleading on file which sets forth any claims upon which

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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 and the Clerk’s Office shall enter judgment. This dismissal is

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subject to the “three-strikes” provision set forth in 28 U.S.C. § 1915(g). Silva v. Vittorio, No. 08-

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15620, 2011 WL 4436248, at *4 (9th Cir. Sept. 26, 2011).

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IT IS SO ORDERED.
Dated:
10c20k

January 19, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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