Jimenez v. Macias et al

Filing 12

ORDER DISMISSING Action, With Prejudice, For Failure To State A Claim Upon Which Relief May Be Granted Under Section 1983 (ECF Nos. 1 , 11 ), ORDER That Dismissal Is Subject To 28 U.S.C. § 1915(G), signed by Magistrate Judge Stanley A. Boone on 3/19/2014. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THEODORE JIMENEZ,

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Plaintiff,

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v.
M. MACIAS, et al.,

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Defendants.

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Case No.: 1:11-cv-01720-SAB (PC)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983
(ECF Nos. 1, 11)
ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. ' 1915(G)

Plaintiff Theodore Jiminez is appearing pro se and in forma pauperis in this civil rights action

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

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the United States Magistrate Judge on November 1, 2011. Local Rule 302.

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On January 24, 2014, the undersigned dismissed Plaintiff’s complaint for failure to state a

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claim upon which relief may be granted and ordered Plaintiff to file an amended complaint within

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

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

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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.
Dated:

March 19, 2014
UNITED STATES MAGISTRATE JUDGE

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