Ivan Moscoso Chavez v. B. Wagner, et al.

Filing 13

ORDER DISMISSING Action (Strike) with Prejudice for Failure to State a Claim; ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. 1915(g) signed by Magistrate Judge Barbara A. McAuliffe on 11/19/2013. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 IVAN MOSCOSO CHAVEZ 10 11 12 13 14 Plaintiff, v. B. WAGNER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) 1:12-cv-01247-BAM (PC) ORDER DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(g) 15 16 Plaintiff Ivan Moscoso Chavez (“Plaintiff”) is a former federal prisoner proceeding pro se 17 and in forma pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of 18 Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971). This action was filed on July 19 31, 2012. Plaintiff consented to the jurisdiction of the Magistrate Judge. 20 On October 9, 2013, the Court dismissed the complaint, with leave to file an amended 21 complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was warned 22 that if he failed to file an amended complaint in compliance with the order, this action would be 23 dismissed with prejudice for failure to state any claims. 24 The deadline for Plaintiff to file his amended complaint has passed and Plaintiff has not 25 complied with or otherwise responded to the Court’s order. As a result, there is no pleading on 26 file which sets forth any claims upon which relief may be granted. 27 28 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is HEREBY DISMISSED with prejudice based on Plaintiff’s failure to state any claims upon 1 1 which relief may be granted. The Clerk’s Office SHALL enter judgment against Plaintiff. This 2 dismissal is subject to the “three-strikes” provision set forth in 28 U.S.C. § 1915(g). Silva v. Di 3 Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011). 4 IT IS SO ORDERED. 5 Dated: /s/ Barbara November 19, 2013 6 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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