Lawrie v. Allison et al

Filing 22

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 02/07/2012. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MATTHEW ALAN LAWRIE,

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Plaintiff,

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

KATHLEEN ALLISON, et al.,

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

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CASE NO. 1:11-cv-00947-BAM PC

v.

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Defendants.
/

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Plaintiff Matthew Alan Lawrie (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on May 25,

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2011. On June 24, 2011, Plaintiff filed a form consenting to the jurisdiction of a Magistrate Judge.

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An order was issued on December 20, 2011, 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.

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More than thirty days have passed and Plaintiff has not complied with or otherwise responded

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to the Court’s order. As a result, there is no pleading on file which sets forth any claims upon which

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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 and all pending motions are terminated. The Clerk’s Office SHALL enter

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judgment against Plaintiff. This dismissal is subject to the “three-strikes” provision set forth in 28
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U.S.C. § 1915(g). Silva v. Vittorio, No. 08-15620, 2011 WL 4436248, at *4 (9th Cir. Sept. 26,

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2011).

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IT IS SO ORDERED.
Dated:
10c20k

February 7, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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