Garcia v. Youssef
Filing
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ORDER Dismissing Action; ORDER that Dismissal Counts as A Strike Under 28 U.S.C. 1915(g), signed by Magistrate Judge Gary S. Austin on 5/6/11. CASE CLOSED. (Gonzalez, R)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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JOHN P. GARCIA, JR.,
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Plaintiff,
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v.
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ASHRAF YOUSSEF,
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Defendant.
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____________________________________)
NO. 1:10-cv-02391-GSA-PC
ORDER DISMISSING ACTION
ORDER THAT DISMISSAL COUNTS
AS A STRIKE UNDER 28 U.S.C. §
1915(G)
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Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C.
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§ 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to 28 U.S.C. §
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636(c)(1).
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By order filed March 17, 2011, the operative complaint was dismissed for failure to state
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a claim. Plaintiff was granted leave to file an amended complaint, and directed to do so within
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thirty days. Plaintiff has not filed an amended complaint.
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In the March 17, 2011, order the Court informed Plaintiff of the deficiencies in his
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complaint, and dismissed the complaint on the ground that Plaintiff had failed to state a claim
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upon which relief could be granted. Because Plaintiff has not filed an amended complaint, the
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Court dismisses the claims made in the original complaint with prejudice for failure to state a
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federal claim upon which the court could grant relief. See Noll v. Carlson, 809 F. 2d 1446, 1448
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(9th Cir. 1987) (prisoner must be given notice of deficiencies and opportunity to amend prior to
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dismissing for failure to state a claim).
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Accordingly, IT IS HEREBY ORDERED that this action is dismissed for failure to state
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a claim upon which relief can be granted, and that this dismissal count as a strike under 28
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U.S.C. § 1915(g).
The Clerk is directed to close this case.
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IT IS SO ORDERED.
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Dated:
6i0kij
May 6, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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