Solis v. Cope

Filing 10

ORDER DISMISSING ACTION, With Prejudice, for Failure to State a Claim Upon Which Relief May be Granted; ORDER That Dismissal is Subject to 28 U.S.C. 1915(g), signed by Magistrate Judge Sheila K. Oberto on 7/27/2014. 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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GERONIMO SOLIS,

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Plaintiff,

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v.

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Case No. 1:13-cv-01421-SKO (PC)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED

MARIA COPE,
(Docs. 1 and 9)
Defendant.

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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 Geronimo Solis, a state prisoner proceeding pro se and in forma pauperis, filed

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18 this civil rights action pursuant to 42 U.S.C. § 1983 on September 5, 2013. On May 20, 2014, the
19 Court dismissed Plaintiff’s complaint for failure to state a claim and ordered Plaintiff to file an
20 amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). More than thirty
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21 days have passed and Plaintiff has not complied with or otherwise responded to the Court’s order.

22 As a result, there is no pleading on file which sets forth any claims upon which relief may be
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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is

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25 HEREBY DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon which
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Error! Main Document Only.On June 2, 2014, the United States Postal Service returned the order as undeliverable.
A notation on the envelope indicates that Plaintiff has been discharged on parole. However, Plaintiff has not notified
the Court of any change in his address. Absent such notice, service at a party’s prior address is fully effective. Local
Rule 182(f).

1 relief may be granted. This dismissal is subject to the “three-strikes” provision set forth in 28
2 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:

July 27, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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