Gipson v. Schmist, et al.

Filing 18

ORDER Dismissing Action for Failure to State a Claim and for Failure to Obey a Court Order, signed by Magistrate Judge Barbara A. McAuliffe on 12/17/13. CASE CLOSED. (Verduzco, M)

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM GIPSON,

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Plaintiff,

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v.
R. SCHMIST, et al.,

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Defendants.

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1:12-cv-00343-BAM (PC)
ORDER DISMISSING ACTION FOR
FAILURE TO STATE A CLAIM AND FOR
FAILURE TO OBEY A COURT ORDER

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Plaintiff William Gipson (“Plaintiff”) is a former state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this

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action on March 7, 2012. Plaintiff consented to the jurisdiction of the Magistrate Judge.
On November 4, 2013, the Court dismissed Plaintiff’s second amended complaint with

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leave to file a third amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. §

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1915(e). Plaintiff was warned that if he failed to file a third amended complaint in compliance

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with the order, this action would be dismissed for failure to state a claim. (ECF No. 17, p. 5.)

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The deadline for Plaintiff to file his third amended complaint has passed and Plaintiff has

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not complied with or otherwise responded to the Court’s order. As a result, there is no pleading

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on file which sets forth any claims 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 and for failure to obey a court order.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

December 17, 2013

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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