Saunders v. CDCR et al

Filing 10

ORDER DISMISSING ACTION with Prejudice for Failure to Comply with Court Order; DISMISSAL Counts as a Strike signed by Magistrate Judge Michael J. Seng on 06/06/2013. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THEODORE J. SAUNDERS,

CASE No. 1:13-cv-00046-MJS (PC)

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ORDER DISMISSING ACTION WITH
PREJUDICE FOR FAILURE TO COMPLY
WITH COURT ORDER

Plaintiff,

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v.

(ECF No. 9)

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DISMISSAL COUNTS AS A STRIKE
PURSUANT TO 28 U.S.C. § 1915(g)

CDCR, et al.,
Defendants.

CLERK TO CLOSE CASE

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Plaintiff Theodore J. Saunders is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed January 11, 2013 pursuant to 42 U.S.C. § 1983.

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(ECF No. 1.) The Complaint was dismissed for failure to state a claim, but leave was

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given to file an amended pleading. (ECF No. 5.) Plaintiff filed a First Amended

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Complaint. (ECF No. 6.) It too was dismissed for failure to state a claim, and again Plaintiff

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was given leave to file an amended pleading provided he did so not later than April

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16, 2013. (ECF No. 8.) The April 16th deadline passed without Plaintiff filing an

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amended pleading or seeking an extension of time to do so. Plaintiff was then ordered to

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show cause by not later than May 28, 2013 why his action should not be dismissed with

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prejudice for failure to comply with the Court’s Order. (ECF No. 9.) The May 28th deadline

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has passed without Plaintiff filing an amended complaint or otherwise responding.

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Accordingly, it is HEREBY ORDERED that:

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1.

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This action is DISMISSED WITH PREJUDICE for failure to state a claim,
dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g); Silva v. Di

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Vittoria, 658 F.3d at 1009, 1098 (9th Cir. 2011); and

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3.

The Clerk of the Court shall CLOSE the case.

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IT IS SO ORDERED.
Dated:
ci4d6

June 6, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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