Orta v. Taylor et al

Filing 18

ORDER DISMISSING ACTION for Failure to State a Claim Upon Which Relief May be Granted, signed by Magistrate Judge Stanley A. Boone on 11/4/2013. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH MATTHEW ORTA,

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Plaintiff,

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v.
M.E. TAYLOR, et al.,

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Defendants.

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Case No.: 1:11-cv-00506-SAB (PC)
ORDER DISMISSING ACTION FOR FAILURE
TO STATE A CLAIM UPON WHICH RELIEF
MAY BE GRANTED
[ECF No. 17]

Plaintiff Joseph Matthew Orta is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the

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jurisdiction of the United States Magistrate Judge on April 11, 2011. Local Rule 302.
On September 9, 2013, the undersigned dismissed Plaintiff’s first amended complaint for

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failure to state a claim upon which relief may be granted and ordered Plaintiff to file a second

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

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has not complied with or otherwise responded to the Court’s order. As a result, there is no pleading on

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file which sets forth any claims upon which relief may be granted under section 1983.

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

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ORDERED that this action is dismissed, with prejudice, based on Plaintiff’s failure to state any claims

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upon which relief may be granted under section 1983.

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IT IS SO ORDERED.

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Dated:

November 4, 2013

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UNITED STATES MAGISTRATE JUDGE
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