Hemphill v. Cate et al

Filing 15

ORDER DISMISSING Action for Failure to State a Claim Upon Which Relief May be Granted, signed by Magistrate Judge Stanley A. Boone on 11/4/13. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TERRANCE HEMPHILL,

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Plaintiff,

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v.

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MATTHEW CATE, et al.,

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Defendants.

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Case No.: 1:12-cv-00630-SAB (PC)
ORDER DISMISSING ACTION FOR FAILURE
TO STATE A CLAIM UPON WHICH RELIEF
MAY BE GRANTED
[ECF No. 14]

Plaintiff Terrance Hemphill 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 June 22, 2012. Local Rule 302.
On September 10, 2013, 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.

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Dated:

November 4, 2013

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UNITED STATES MAGISTRATE JUDGE
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