Raymond George Glass v. White et al

Filing 10

ORDER Dismissing Action, With Prejudice, For Failure To State A Claim, ORDER That Dismissal Is Subject To 28 U.S.C. 1915(G), signed by Magistrate Judge Barbara A. McAuliffe on 1/31/2012. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RAYMOND GEORGE GLASS,

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CASE NO. 1:10-cv–01888-BAM PC

Plaintiff,

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v.

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ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM

J. WHITE, et al.,

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

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Plaintiff Raymond George Glass is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on October 12, 2010.

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On December 6, 2010, Plaintiff filed a form consenting to the jurisdiction of the Magistrate Judge.

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An order was issued on December 13, 2011, dismissing the complaint, with leave to file an

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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 has 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 any claims upon which

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relief may be granted. The Clerk’s Office SHALL enter judgment against Plaintiff. This dismissal

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is 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 31, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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