King v. Waddle et al

Filing 12

ORDER DISMISSING 1 Action (Strike), 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 4/3/2012. CASE CLOSED. (Sant Agata, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

RUSSELL KING,

10

CASE NO. 1:10-cv–02201-BAM PC
Plaintiff,

11

v.

12

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

WADDLE, et al.,

13

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

14
15

Plaintiff Russell King is a state prisoner proceeding pro se and in forma pauperis in this civil

16

rights action pursuant to 42 U.S.C. § 1983. The action was filed on November 29, 2010. On

17

December 15, 2010, Plaintiff consented to the jurisdiction of the Magistrate Judge.

18

An order was issued on February 13, 2012, dismissing the complaint, with leave to file an

19

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

20

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

21

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

22

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

23

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

24

relief may be granted.

25

Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is

26

HEREBY DISMISSED, with prejudice, based on Plaintiff’s failure to state any claims upon which

27

///

28

///
1

1

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

2

is 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
6

IT IS SO ORDERED.
Dated:
10c20k

April 3, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2