Talley v. Walker et al

Filing 10

ORDER Dismissing Case, with Prejudice, for Failure to State a Claim Upon Which Relief May be Granted; ORDER that this Dismissal is Subject to the "Three-Strikes" Provision Set Forth in 28 USC 1915(g); ORDER for Clerk to Close Case, signed by Magistrate Judge Gary S. Austin on 6/25/14. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LENOARD TALLEY,

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Plaintiff,

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vs.
A. WALKER, et al.,
Defendants.

1:12-cv-01995-GSA-PC
ORDER DISMISSING CASE, WITH
PREJUDICE, FOR FAILURE TO
STATE A CLAIM UPON WHICH
RELIEF MAY BE GRANTED
(Doc. 7.)
ORDER THAT THIS DISMISSAL IS
SUBJECT TO THE ATHREESTRIKES@ PROVISION SET FORTH
IN 28 U.S.C. ' 1915(g)
ORDER FOR CLERK TO CLOSE
CASE

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Lenoard Talley ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis,

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filed this civil rights action pursuant to 42 U.S.C. ' 1983 on December 7, 2012. (Doc. 1.) On

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December 20, 2012, Plaintiff consented to Magistrate Judge jurisdiction in this action pursuant

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to 28 U.S.C. ' 636(c), and no other parties have made an appearance. (Doc. 5.) Therefore,

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pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of California, the

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undersigned shall conduct any and all proceedings in the case until such time as reassignment

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to a District Judge is required. Local Rule Appendix A(k)(3).
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The court screened the Complaint pursuant to 28 U.S.C. § 1915A and issued an order

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on September 16, 2013, requiring Plaintiff to either file an Amended Complaint or notify the

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court of his willingness to proceed with the claims found cognizable by the court. (Doc. 6.)

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On October 4, 2013, Plaintiff filed the First Amended Complaint. (Doc. 7.) On May 15, 2014,

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the Court dismissed the First Amended Complaint for failure to state a claim, with leave to file

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a Second Amended Complaint within thirty days. (Doc. 9.) To date, Plaintiff has not filed a

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Second Amended Complaint or otherwise responded to the court=s order. As a result, there is

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no pleading on file which sets forth any claims upon which relief may be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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Pursuant to 28 U.S.C. ' 1915A and 28 U.S.C. ' 1915(e), this action is

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DISMISSED, with prejudice, based on Plaintiff=s failure to state a claim upon

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which relief may be granted under section 1983;

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2.

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This dismissal is subject to the Athree-strikes@ provision set forth in 28 U.S.C. '
1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011); and

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The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

June 25, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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