Pelayo v. Santoro et al

Filing 12

ORDER Dismissing Action, with Prejudice, for Failure to State a Claim Upon Which Relief May be Granted Under Section 1983; ORDER that Dismissal is Subject to 28 USC 1915(G), signed by Magistrate Judge Sheila K. Oberto on 9/27/13. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE PELAYO,
Plaintiff,

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v.

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Case No. 1:12-cv-01274-SKO PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

K. SANTORO, et al.,
(Docs. 1, 7 and 11)
Defendants.

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ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(G)

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_____________________________________/
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Plaintiff Jose Pelayo, a state prisoner proceeding pro se and in forma pauperis, filed this

18 civil rights action pursuant to 42 U.S.C. § 1983 on August 6, 2012. On March 13, 2013, the Court
19 dismissed Plaintiff’s complaint for failure to state a claim and ordered Plaintiff to file an amended
20 complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). On March 29, 2013,
21 Plaintiff was granted a ninety-day extension of time and on June 26, 2013, Plaintiff was granted a
22 thirty-day extension of time. However, more than thirty days have passed and Plaintiff has not
23 complied with or otherwise responded to the Court’s order. As a result, there is no pleading on
24 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

26 HEREBY DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon which
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1 relief may be granted under section 1983. This dismissal is subject to the “three-strikes” provision
2 set forth 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:

September 27, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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