Diaz v. Vasquez, et al.

Filing 23

ORDER DISMISSING ACTION, With Prejudice, for Failure to State a Claim, signed by Magistrate Judge Stanley A Boone on 2/25/2013. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MIGUEL ENRIQUE DIAZ

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1:12-cv-00732-SAB (PC)

Plaintiff,

ORDER DISMISSING THIS ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM

vs.
CAPTAIN VASQUEZ, et al.,

(ECF Nos. 17 & 20.)

Defendants.
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Plaintiff Miguel Enrique Diaz (“Plaintiff”), a state prisoner proceeding pro se in this civil
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rights action pursuant to 42 U.S.C. § 1983, filed this action on May 4, 2012. (ECF No. 1.)
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On November 9, 2012, the Court issued an order dismissing the complaint with leave to
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amend. (ECF No. 17.) In this order, Plaintiff received notice that the failure to file an amended
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complaint would result in the dismissal of his action with prejudice for failure to state a claim. (ECF
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No. 17.) On January 7, 2013, the Court granted a thirty-day extension for Plaintiff to file an
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amended complaint. (ECF No. 20.) The thirty-day period has now expired, and Plaintiff has not
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complied with, or otherwise responded to the Court's order. As a result, there is no pleading on file
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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), it is HEREBY

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ORDERED that this action BE DISMISSED, with prejudice, based on Plaintiff’s failure to state any

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claims upon which relief may be granted.

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IT IS SO ORDERED.

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Dated:
i1eed4

February 25, 2013
UNITED STATES MAGISTRATE JUDGE

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