Abpikar v. Logan, et al.

Filing 13

ORDER DISMISSING ACTION, With Prejudice, for Failure to State a Claim Upon Which Relief May be Granted Under Section; ORDER That Dismissal is Subject to 28 U.S.C. 1915(g), signed by Magistrate Judge Stanley A. Boone on 12/6/2013. CASE CLOSED (Strike).(Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HASSAN ABPIKAR,

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Plaintiff,

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v.
SERGEANT LOGAN, et al.,

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Defendants.

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Case No.: 1:12-cv-01076-SAB (PC)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983
[ECF No. 12]
ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(G)

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Plaintiff Hassan Abpikar is a prisoner in the custody of the Federal Bureau of Prisons (“BOP”).

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Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six

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Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). Pursuant to 28 U.S.C. § 636(c), Plaintiff

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consented to the jurisdiction of the United States Magistrate Judge on July 23, 2012. Local Rule 302.

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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.
Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is HEREBY

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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 forth

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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.
Dated:

December 6, 2013
UNITED STATES MAGISTRATE JUDGE

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