Habibi v. Joseph et al

Filing 7

ORDER DISMISSING ACTION, With Prejudice, for Failure to State a Claim Upon Which Relief May be Granted Under Section 1983; ORDER That Dismissal is Subject to 28 U.S.C. 1915(G), signed by Magistrate Judge Sheila K. Oberto on 5/25/2012. 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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BRYAN HABIBI,

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Plaintiff,

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CASE NO. 11-cv-00823-SKO PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

v.
V. JOSEPH, et al.,

(Docs. 1 and 6)
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Defendants.
ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(G)

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Plaintiff Bryan Habibi, a state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on May 20, 2011. On March 29, 2012, the Court

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dismissed Plaintiff’s complaint for failure to state a claim and ordered Plaintiff to file an amended

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complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date, Plaintiff has not

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complied with or otherwise responded to the Court’s order.1 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 a claim upon which relief

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On April 10, 2012, the United States Postal Service returned the order as undeliverable. A notation on the
envelope indicates that Plaintiff has been discharged on parole. However, Plaintiff has not notified the Court of any
change in his address. Absent such notice, service at a party’s prior address is fully effective. Local Rule 182(f).

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may be granted under section 1983. This dismissal is subject to the “three-strikes” provision set

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forth in 28 U.S.C. § 1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098-99 (9th Cir. 2011).

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IT IS SO ORDERED.

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Dated:
ie14hj

May 25, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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