Miller v. Board and Directors of Coalinga State Hospital, et al

Filing 13

ORDER DISMISSING Action For Failure To State A Claim And For Failure To Obey A Court Order (ECF No. 12 ), signed by Magistrate Judge Barbara A. McAuliffe on 12/2/2014. CASE CLOSED.(Fahrney, E)

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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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BOARD AND DIRECTORS OF COALINGA )
STATE HOSPITAL, et al.,
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Defendants.
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1:14-cv-00731-BAM

BRUCE WAYNE MILLER,

ORDER DISMISSING ACTION FOR
FAILURE TO STATE A CLAIM AND FOR
FAILURE TO OBEY A COURT ORDER
(ECF No. 12)

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Plaintiff Bruce Wayne Miller (“Plaintiff”) is a civil detainee proceeding pro se and in

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forma pauperis in this civil rights action. Plaintiff initiated this action on May 6, 2014, and the

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matter transferred to this Court on May 15, 2014. Plaintiff consented to the jurisdiction of the

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Magistrate Judge. (ECF No. 7.)

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On October 23, 2014, the Court dismissed Plaintiff’s complaint for failure to state a claim

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with leave to file an amended complaint within thirty days. 28 U.S.C. § 1915(e). Plaintiff was

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warned that if he failed to file an amended complaint in compliance with the order, this action

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would be dismissed for failure to obey a court order and for 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

December 2, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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