Johnson v. Hicks et al

Filing 19

ORDER DISMISSING CASE, With Prejudice, for Failure to State a Claim Upon Which Relief May Be Granted and ORDER That This Dismissal is Subject to the "Three-Strikes" Provision Set Forth in 28 U.S.C. 1915(g) signed by Magistrate Judge Gary S. Austin on 7/31/2014. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY JOHNSON,

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Plaintiff,

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vs.

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HICKS, et al.,

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Defendants.

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1:11-cv-02162-GSA-PC
ORDER DISMISSING CASE, WITH
PREJUDICE, FOR FAILURE TO
STATE A CLAIM UPON WHICH
RELIEF MAY BE GRANTED
(Doc. 12.)
ORDER THAT THIS DISMISSAL IS
SUBJECT TO THE ATHREESTRIKES@ PROVISION SET FORTH
IN 28 U.S.C. ' 1915(g)
ORDER FOR CLERK TO CLOSE
CASE

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Timothy Johnson (APlaintiff@) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint

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commencing this action on December 30, 2011. (Doc. 1.) On January 18, 2012, Plaintiff

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consented to Magistrate Judge jurisdiction pursuant 28 U.S.C. § 636(c), and no other parties

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have made an appearance. (Doc. 7.) Therefore, pursuant to Appendix A(k)(4) of the Local

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Rules of the Eastern District of California, the undersigned shall conduct any and all

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proceedings in the case until such time as reassignment to a District Judge is required. Local

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Rule Appendix A(k)(3).
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On April 17, 2014, the Court dismissed Plaintiff’s First Amended Complaint for failure

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to state a claim, with leave to file a Second Amended Complaint within thirty days. (Doc. 16.)

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Plaintiff requested and was granted an extension of time until July 17, 2014 to file the Second

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Amended Complaint. (Doc. 18.) To date, Plaintiff has not filed a Second Amended Complaint

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

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forth any claims upon which relief may be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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DISMISSED, with prejudice, based on Plaintiff=s failure to state a claim upon

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which relief may be granted under section 1983;
2.

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Pursuant to 28 U.S.C. ' 1915A and 28 U.S.C. ' 1915(e), this action is

This dismissal is subject to the Athree-strikes@ provision set forth in 28 U.S.C. '
1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011); and

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The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

July 31, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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