Collins v. Pennywell et al

Filing 7

ORDER DISMISSING ACTION, 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 3/20/2014. CASE CLOSED (Strike). (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRANDON T. COLLINS,
Plaintiff,

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v.

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Case No. 1:13-cv-00788-SKO (PC)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

SANDY PENNYWELL, 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 Brandon T. Collins, a state prisoner proceeding pro se and in forma pauperis, filed

19 this civil rights action pursuant to 42 U.S.C. § 1983 on May 24, 2013. On January 16, 2014, the
20 Court dismissed Plaintiff’s complaint for failure to state a claim under section 1983 and ordered
21 Plaintiff to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. §
22 1915(e). More than thirty days have passed and Plaintiff has not complied with or otherwise
23 responded to the Court’s order. As a result, there is no pleading on file which sets forth any
24 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

26 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:

March 20, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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