Hunter v. Harrington, et al.

Filing 10

ORDER Dismissing Plaintiff's Action with Prejudice for Failure to State a Claim, signed by Magistrate Judge Gerald B. Cohn on 9/2/11. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEROY DEWITT HUNTER,

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Plaintiff,

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CASE NO.

1:11-cv-00237-GBC (PC)

ORDER DISMISSING PLAINTIFF’S ACTION
WITH PREJUDICE FOR FAILURE TO
STATE A CLAIM

v.
K. HARRINGTON, et al.,

CLERK TO CLOSE CASE
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Defendants.
/

ORDER

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Plaintiff Leroy Dewitt Hunter (“Plaintiff”) is state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 10, 2011,

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the Court dismissed Plaintiff’s original complaint, with leave to amend, for failure to state

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a claim. (ECF No. 8.) Plaintiff was ordered to file an amended complaint within thirty days.

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(Id.) Plaintiff also was warned that failure to comply with the Court’s Order may result in

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dismissal of this action for failure to state a claim upon which relief could be granted. (Id.)

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On July 20, 2011, the Court issued a Show Cause Order. (ECF No. 9.) The Show

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Cause Order again warned Plaintiff that the case would be dismissed if Plaintiff failed to

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respond to the Order and/or file an amended complaint by August 25, 2011. (Id.) To date,

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the Court has not received a response to the Show Cause Order and Plaintiff has not filed

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an amended complaint. As a result, there is no pleading on file which sets forth any claims

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upon which relief may be granted.

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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the Court

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HEREBY DISMISSES Plaintiff’s action, with prejudice, based on Plaintiff’s failure to state

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any claims upon which relief may be granted under Section 1983.

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IT IS SO ORDERED.

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Dated:
1j0bbc

September 2, 2011
UNITED STATES MAGISTRATE JUDGE