Lester v. Miller et al

Filing 9

ORDER DISMISSING Action (Strike) 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 9/13/2012. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SABRINA LESTER,

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CASE NO. 1:11-cv–01070-BAM PC
Plaintiff,

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ORDER DISMISSING ACTION FOR
FAILURE TO STATE A CLAIM

v.
MILLER, et al.,

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

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Plaintiff Sabrina Lester 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 June 27, 2011, and on July

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8, 2011, Plaintiff consented to the jurisdiction of a Magistrate Judge. On July 26, 2012, an order

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issued dismissing Plaintiff’s complaint, with leave to file an amended complaint within thirty days.

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28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was warned that if she failed to file an amended

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complaint in compliance with the order, this action would be dismissed for failure to state any

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

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responded to the Court’s order. 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), this action is

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HEREBY DISMISSED based on Plaintiff’s failure to state any claims upon which relief may be

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granted. The Clerk’s Office SHALL enter judgment against Plaintiff. This dismissal is subject to

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the “three-strikes” provision set forth in 28 U.S.C. § 1915(g). Silva v. Vittorio, 658 F.3d 1090,

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1098-99 (9th Cir. 2011).

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IT IS SO ORDERED.
Dated:
10c20k

September 13, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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