Herrera v. Nguyen

Filing 13

ORDER DISMISSING ACTION, signed by Magistrate Judge Gary S. Austin on 6/12/13. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No.1:12 cv 01915 GSA PC

ROBERTO HERRERA,
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Plaintiff,
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ORDER DISMISSING ACTION

vs.
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G. ADAME, ET AL.,
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Defendant
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Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C.
§ 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to 28 U.S.C. §
636(c)(1).
By order filed April 3, 2013, the operative complaint was dismissed for failure to state a
claim. Plaintiff was granted leave to file an amended complaint, and directed to do so within
thirty days. On May 2, 2013, Plaintiff was granted a thirty day extension of time. Plaintiff has
not filed an amended complaint.
In the April 3, 2013, order the Court informed Plaintiff of the deficiencies in his

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complaint, and dismissed the complaint on the ground that Plaintiff had failed to state a claim
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upon which relief could be granted. Because Plaintiff has not filed an amended complaint, the
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Court dismisses the claims made in the original complaint with prejudice for failure to state a
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federal claim upon which the court could grant relief. See Noll v. Carlson, 809 F. 2d 1446, 1448
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(9th Cir. 1987) (prisoner must be given notice of deficiencies and opportunity to amend prior to
dismissing for failure to state a claim).

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed for failure to state
a claim upon which relief can be granted. The Clerk is directed to close this case.

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IT IS SO ORDERED.

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Dated:

/s/

Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

6i0kij8d

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June 12, 2013

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