Moreno v. Cates, et al.

Filing 11

ORDER DISMISSING Action, with prejudice, for failure to state a claim upon which relief may be granted under section 1983; ORDER that DISMISSAL is Subject to 28 USC 1915(G) (Strike),signed by Magistrate Judge Sheila K. Oberto on 02/20/2013. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ALFREDO MORENO,

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Plaintiff,

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CASE NO. 1:12-cv-00025-SKO PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

v.
MATTHEW L. CATES, et al.,

(Docs. 1 and 8)
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Defendants.
ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(G)

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Plaintiff Alfredo Moreno, a state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on January 5, 2012. On November 1, 2012, the

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Court dismissed Plaintiff’s complaint for failure to state a claim and ordered Plaintiff to file an

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amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). On November 21,

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2012, Plaintiff’s motion for a sixty-day extension of time to amend was granted. However, more

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than sixty days have passed and Plaintiff has not complied with or otherwise responded to the

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

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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 a claim upon which relief

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may be granted under section 1983. This dismissal is subject to the “three-strikes” provision set

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forth in 28 U.S.C. § 1915(g). Silva v. Di Vittorio, 658 F.3d 1090, 1098-99 (9th Cir. 2011).

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IT IS SO ORDERED.

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Dated:
ie14hj

February 20, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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