George v. Stebbino et al

Filing 7

ORDER Dismissing Action for Failure to State a Claim and for Failure to Obey a Court Order, signed by Magistrate Judge Barbara A. McAuliffe on 3/24/14. CASE CLOSED. (Verduzco, M)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 RICHARD EARL GEORGE, 10 11 12 Plaintiff, v. STEBBINO, et al., 13 Defendants. 14 15 ) ) ) ) ) ) ) ) ) ) ) ) ) 1:13-cv-00052-BAM (PC) ORDER DISMISSING ACTION FOR FAILURE TO STATE A CLAIM AND FOR FAILURE TO OBEY A COURT ORDER (ECF No. 6) 16 17 Plaintiff Richard Earl George (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this 19 action on January 14, 2013. Plaintiff consented to the jurisdiction of the Magistrate Judge. (ECF 20 No. 5.) 21 On February 14, 2014, the Court dismissed Plaintiff’s complaint for failure to state a 22 claim, with leave to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. 23 § 1915(e). Plaintiff was warned that if he failed to file an amended complaint in compliance 24 with the order, this action would be dismissed for failure to obey a court order. 25 The deadline for Plaintiff to file his amended complaint has passed and Plaintiff has not 26 complied with or otherwise responded to the Court’s order. As a result, there is no pleading on 27 file which sets forth any claims upon which relief may be granted. 28 1 1 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is 2 HEREBY DISMISSED based on Plaintiff’s failure to state any claims upon which relief may be 3 granted and for failure to obey a court order. 4 5 6 IT IS SO ORDERED. Dated: /s/ Barbara March 24, 2014 7 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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