Elliott v. Nuebarth, et al.

Filing 12

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 5/21/2012. CASE CLOSED (Strike). (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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WILLIAM ELLIOTT,

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CASE NO. 1:11-cv–00294-BAM PC
Plaintiff,

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

v.
NEYBARTH, et al.,

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

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Plaintiff William Elliott is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on February 18, 2011. On

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March 11, 2011, Plaintiff consented to the jurisdiction of the Magistrate Judge.

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An order was issued on March 7, 2012, 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. On April 2, 2012, Plaintiff was granted

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an extension of time until May 7, 2012, to file his amended complaint.

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The deadline for Plaintiff to file his amended complaint has passed and Plaintiff has not

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complied with or otherwise responded to the Court’s order. As a result, there is no pleading on file

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which sets forth any claims 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), 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

May 21, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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