Daniel Trebas v. County of Fresno et al

Filing 17

ORDER DISMISSING Action, With Prejudice, for Failure to State a Claim Upon Which Relief May Be Granted Under Section 1983 21 , signed by Magistrate Judge Stanley A. Boone on 12/6/13. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL TREBAS,

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Plaintiff,

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v.
COUNTY OF FRESNO, et al.,

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Defendants.

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Case No.: 1:12-cv-00978-SAB (HC)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983
[ECF No. 21]

Plaintiff Daniel Trebas 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 July 2, 2012. Local Rule 302.
On October 15, 2013, the Court dismissed Plaintiff’s second amended complaint for failure to

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state a claim and ordered Plaintiff to file a third amended complaint within thirty days. 28 U.S.C. §

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1915A; 28 U.S.C. § 1915(e). More than thirty days have passed and 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.

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Accordingly, this action is HEREBY DISMISSED, with prejudice, based on Plaintiff’s failure
to state a claim upon which relief may be granted under section 1983.

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IT IS SO ORDERED.
Dated:

December 6, 2013
UNITED STATES MAGISTRATE JUDGE

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