Patten v. California Correctional Health Care Services et al

Filing 14

ORDER DISMISSING Action for Failure to State a Claim Upon which Relief can be Granted signed by Magistrate Judge Gary S. Austin on 2/23/2015. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 9 10 Case No.1:13 cv 01289 GSA PC JASON PATTEN, 11 Plaintiff, 12 ORDER DISMISSING ACTION vs. 13 R. ATIENZA, ET AL., 14 Defendants 15 16 17 18 19 20 21 22 23 Plaintiff is a former state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c)(1). By order filed January 21, 2015, the operative complaint was dismissed for failure to state a claim. Plaintiff was granted leave to file an amended complaint, and directed to do so within thirty days. Plaintiff has not filed an amended complaint. In the January 21, 2015, order the Court informed Plaintiff of the deficiencies in his complaint, and dismissed the complaint on the ground that Plaintiff had failed to state a claim 24 upon which relief could be granted. Because Plaintiff has not filed an amended complaint, the 25 Court dismisses the claims made in the original complaint with prejudice for failure to state a 26 federal claim upon which the court could grant relief. See Noll v. Carlson, 809 F. 2d 1446, 1448 27 28 1 1 2 3 4 (9th Cir. 1987) (prisoner must be given notice of deficiencies and opportunity to amend prior to dismissing for failure to state a claim). Accordingly, IT IS HEREBY ORDERED that this action is dismissed for failure to state a claim upon which relief can be granted. The Clerk is directed to close this case. 5 6 IT IS SO ORDERED. 7 Dated: 8 /s/ Gary S. Austin 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 February 23, 2015

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