Renshaw v. Bird et al

Filing 10

ORDER DISMISSING ACTION, With Prejudice, for Failure to State a Claim Upon Which Relief May Be Granted Under Section 1983 and ORDER That Dismissal is Subject to 28 U.S.C. 1915(G) signed by Magistrate Judge Sheila K. Oberto on 7/30/2015. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JACOB MICHAEL RENSHAW,
Plaintiff,

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v.

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Case No. 1:14-cv-00302-SKO (PC)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

KENNETH BIRD, M.D., et al.,
(Docs. 8 and 9)
Defendants.

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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 Jacob Michael Renshaw, a prisoner proceeding pro se and in forma pauperis, filed

18 this civil rights action pursuant to 42 U.S.C. § 1983 on March 4, 2014. On June 5, 2015, the Court
19 dismissed Plaintiff’s amended complaint for failure to state a claim under section 1983 and
20 ordered Plaintiff to file a second 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
26 relief may be granted under section 1983. This dismissal is subject to the “three-strikes” provision
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1 set forth in 28 U.S.C. § 1915(g). Coleman v. Tollefson, __ U.S. __, __, 125 S.Ct. 1759, 1765
2 (2015).
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IT IS SO ORDERED.
Dated:

July 30, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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