Garcia v. California Department of Corrections and Rehabilitation et al

Filing 11

ORDER Dismissing Action for Failure to Obey a Court Order and Failure to State a Claim, signed by Magistrate Judge Barbara A. McAuliffe on 02/13/15. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF
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CORRECTIONS AND REHABILITATION, )
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et al.,
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Defendants.
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1:14-cv-00459-BAM (PC)

JESUS A. GARCIA,

ORDER DISMISSING ACTION FOR
FAILURE TO OBEY A COURT ORDER
AND FAILURE TO STATE A CLAIM
(ECF No. 10)

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Plaintiff Jesus A. Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on

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March 31, 2014. Plaintiff consented to the jurisdiction of the Magistrate Judge. (ECF No. 5.)

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On January 6, 2015, the Court dismissed Plaintiff’s first amended complaint with leave to

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amend within thirty days after service. 28 U.S.C. § 1915A. Plaintiff was warned that if he failed

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to file a second amended complaint in compliance with the order, this action would be dismissed

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for failure to obey a court order and failure to state a claim.

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The deadline for Plaintiff to file his amended complaint has passed and Plaintiff has not

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complied with or otherwise responded to the Court’s order. As a result, there is no pleading on

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file which sets forth any claims upon which relief may be granted.

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Accordingly, pursuant to 28 U.S.C. § 1915(e), this action is HEREBY DISMISSED

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based on Plaintiff’s failure to state any claims upon which relief may be granted and for failure

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to obey a court order. All pending motions, if any, are terminated.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 13, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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