Aguayo v. Katavich

Filing 15

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 Jennifer L. Thurston on 2/13/14. 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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1:13-cv-01454-JLT (PC)

ALEX AGUAYO,
Plaintiff,
v.
JOHN N. KATAVICH,
Defendant.

ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM UPON WHICH RELIEF MAY BE
GRANTED UNDER SECTION 1983
(Docs. 1, 7, 10, 14)
ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. ' 1915(G)

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Plaintiff, Alex Aguayo, a state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on September 11, 2013. On September 30, 2013,

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the Court dismissed Plaintiff’s complaint for failure to state a claim under section 1983 and

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ordered Plaintiff to file an amended complaint within 21 days. 28 U.S.C. § 1915A; 28 U.S.C. §

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1915(e). Plaintiff requested and received an extension of time to file a first amended complaint.

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When Plaintiff did not file his amended complaint, the Court issued an order to show cause why

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this action should not be dismissed which required Plaintiff to respond no later than January 24,

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2014. Still, Plaintiff has not complied with or otherwise responded to the Court’s order. As a

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result, there is no pleading 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

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HEREBY DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon which

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relief may be granted under section 1983.

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provision set forth in 28 U.S.C. § 1915(g). Silva v. Di Vittorio, 658 F.3d 1090, 1098-99 (9th Cir.

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2011).

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This dismissal is subject to the “three-strikes”

IT IS SO ORDERED.

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Dated:

February 13, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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