Ivan Moscoso Chavez v. B. Wagner, et al.
Filing
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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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EASTERN DISTRICT OF CALIFORNIA
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IVAN MOSCOSO CHAVEZ
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Plaintiff,
v.
B. WAGNER, et al.,
Defendants.
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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)
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Plaintiff Ivan Moscoso Chavez (“Plaintiff”) is a former federal prisoner proceeding pro se
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and in forma pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of
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Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971). This action was filed on July
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31, 2012. Plaintiff consented to the jurisdiction of the Magistrate Judge.
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On October 9, 2013, the Court dismissed the complaint, with leave to file an amended
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complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was warned
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that if he failed to file an amended complaint in compliance with the order, this action would be
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dismissed with prejudice for failure to state any claims.
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The deadline for Plaintiff to file his amended complaint has passed 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
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file 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), this action is
HEREBY DISMISSED with prejudice based on Plaintiff’s failure to state any claims upon
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which relief may be granted. The Clerk’s Office SHALL enter judgment against Plaintiff. This
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dismissal is subject to the “three-strikes” provision set forth in 28 U.S.C. § 1915(g). Silva v. Di
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Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011).
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IT IS SO ORDERED.
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Dated:
/s/ Barbara
November 19, 2013
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A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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