Lawrie v. State of California, et al.

Filing 7

ORDER DISMISSING ACTION (Strike), with Prejudice, for Failure to State a Claim upon which Relief may be Granted under Section 1983; ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. 1915(G) signed by Magistrate Judge Sheila K. Oberto on 1/10/2014. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW ALAN LAWRIE,
Plaintiff,

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v.

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Case No. 1:13-cv-00443-SKO PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

STATE OF CALIFORNIA, et al.,
(Docs. 1 and 6)
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 Matthew Alan Lawrie, a state prisoner proceeding pro se and in forma pauperis,

18 filed this civil rights action pursuant to 42 U.S.C. § 1983 on March 27, 2013.
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On October 29, 2013, the Court dismissed Plaintiff’s complaint for failure to state a claim

20 under section 1983 and ordered that Plaintiff file an amended complaint within thirty (30) days.
21 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). More than thirty (30) days have passed and Plaintiff has
22 not complied with or otherwise responded to the Court’s order. As a result, there is no pleading
23 on 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

25 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:

January 10, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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