Hafiz v. Yates et al

Filing 8

ORDER DISMISSING ACTION signed by Magistrate Judge Gary S. Austin on 3/17/2015. 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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Case No.1:13 cv 01392 GSA PC

ABDULLAH NAIM HAFIZ,
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Plaintiff,
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ORDER DISMISSING ACTION

vs.
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JAMES YATES, ET AL.,
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Defendant
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Plaintiff is a 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 February 6, 2013, 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 February 6, 2013, 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

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upon which relief could be granted. Because Plaintiff has not filed an amended complaint, the
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Court dismisses the claims made in the original complaint with prejudice for failure to state a
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federal claim upon which the court could grant relief. See Noll v. Carlson, 809 F. 2d 1446, 1448
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(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.

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IT IS SO ORDERED.

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Dated:

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/s/ Gary S. Austin

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UNITED STATES MAGISTRATE JUDGE

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March 17, 2015