Boulware v. King et al

Filing 8

ORDER DISMISSING Action, Without Prejudice, for Failure to State a Claim Upon Which Relief May be Granted Under Section 1983, signed by Magistrate Judge Sheila K. Oberto on 12/17/14. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANA BOULWARE,

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Plaintiff,

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v.

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ORDER DISMISSING ACTION, WITHOUT
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

AUDREY KING, et al.,

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Case No. 1:14-cv-00654-SKO (PC)

Defendants.
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(Docs. 1 and 7)
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Plaintiff Dana Boulware, a civil detainee proceeding pro se and in forma pauperis, filed

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17 this civil rights action pursuant to 42 U.S.C. § 1983 on May 2, 2014. On November 7, 2014, the
18 Court dismissed Plaintiff’s complaint for failure to state a claim under section 1983 and ordered
19 Plaintiff to file an amended complaint within thirty days. 28 U.S.C. § 1915(e). To date, Plaintiff
20 has not complied with or otherwise responded to the Court’s order. As a result, there is no
21 pleading on file which sets forth any claims upon which relief may be granted. Accordingly,
22 pursuant to 28 U.S.C. § 1915(e), this action is HEREBY DISMISSED, without prejudice, based
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23 on Plaintiff’s failure to state a claim upon which relief may be granted under section 1983.
IT IS SO ORDERED.
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Dated:

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December 17, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Dismissal without prejudice is appropriate in as much as it appears Plaintiff may be challenging the fact and/or
duration of his civil detention. Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1139-40 (9th Cir. 2010).