Webb v. Stanislaus County Sheriff

Filing 12

ORDER Dismissing Action With Prejudice for Failure to State a Claim, signed by Magistrate Judge Gerald B. Cohn on 12/11/12. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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EDWARD R. WEBB,

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Plaintiff,

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CASE NO. 1:11-cv-01650-GBC (PC)
ORDER DISMISSING ACTION WITH
PREJUDICE FOR FAILURE TO STATE A
CLAIM

v.
STANISLAUS COUNTY SHERIFF,

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Defendant.

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I.

Procedural History

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Edward R. Webb (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis, in
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this civil rights action pursuant to 42 U.S.C. § 1983.1 On September 29, 2011, Plaintiff filed his

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original complaint. Doc. 1. On October 23, 2012, the Court dismissed the action and required
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Plaintiff to file an amended complaint within thirty days. Doc. 8. Plaintiff was warned that if he
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failed to file an amended complaint in compliance with the order, this action would be dismissed,
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with prejudice, for failure to state any claims. On November 7, 2012, the Court granted Plaintiff a
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twenty-one day extension. Doc. 10.
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More than twenty-one 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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Although unclear from the complaint, it appears that at the time of the alleged violations Plaintiff was a
pretrial detainee. Doc. 1.

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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), the Court HEREBY
ORDERS that:

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1.

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this action is DISMISSED, with prejudice, based on Plaintiff’s failure to state any
claims upon which relief may be granted (Doc. 1; Doc. 8); and

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2.

The Clerk’s Office is directed to enter judgment against Plaintiff.

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IT IS SO ORDERED.

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Dated:
0jh02o

December 11, 2012
UNITED STATES MAGISTRATE JUDGE

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