Gorski vs. Lopez

Filing 19

ORDER DISMISSING Action, with Prejudice for Failure to State a Claim Upon Which Relief May be Granted Under Section 1983 re 1 , 18 ; ORDER that Dismissal is Subject to 28 USC 1915(G), signed by Magistrate Judge Sheila K. Oberto on 07/27/14. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT CARL GORSKI,
Plaintiff,

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v.

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Case No. 1:14-cv-00028-SKO (PC)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

CAPTAIN LOPEZ,
(Docs. 1 and 18)
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 Robert Carl Gorski, a former state prisoner proceeding pro se and in forma

18 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 21, 2014. On June
19 2, 2014, the Court dismissed Plaintiff’s complaint for failure to state a claim under section 1983
20 and ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28
21 U.S.C. § 1915(e). More than thirty days have passed and Plaintiff has not complied with or
22 otherwise responded to the Court’s order. As a result, there is no pleading on file which sets forth
23 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

25 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:

July 27, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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