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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 TYE MATTHEWS, 10 Plaintiff, 11 12 CASE NO. 1:10-cv-01806-BAM PC ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM v. H. HOLGUIN, et al., 13 ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(G) Defendants. / 14 15 Plaintiff Tye Matthews (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on September 17 30, 2010. An order was issued on December 1, 2011, dismissing the complaint, with leave to file 18 an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was 19 warned that if he failed to file an amended complaint in compliance with the order, this action would 20 be dismissed, with prejudice, for failure to state any claims. 21 More than thirty days have passed and Plaintiff has not complied with or otherwise responded 22 to the Court’s order. As a result, there is no pleading on file which sets forth any claims upon which 23 relief may be granted. 24 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is 25 HEREBY DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon which relief 26 /// 27 /// 28 /// 1 1 may be granted under section 1983 and the Clerk’s Office shall enter judgment. This dismissal is 2 subject to the “three-strikes” provision set forth in 28 U.S.C. § 1915(g). Silva v. Vittorio, No. 08- 3 15620, 2011 WL 4436248, at *4 (9th Cir. Sept. 26, 2011). 4 5 IT IS SO ORDERED. Dated: 10c20k January 19, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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