Smith v. Smith et al
Filing
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ORDER DISMISSING ACTION for Failure to Obey a Court Order and Failure to State a Claim signed by Magistrate Judge Barbara A. McAuliffe on 03/02/2015. CASE CLOSED.(Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KENNETH ARDELL SMITH,
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Plaintiff,
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v.
CDC CORCORAN STATE PRISON,
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Defendant.
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1:14-cv-00805-BAM (PC)
ORDER DISMISSING ACTION FOR
FAILURE TO OBEY A COURT ORDER
AND FAILURE TO STATE A CLAIM
(ECF No. 11)
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Plaintiff Kenneth Ardell Smith (“Plaintiff”) is a former state prisoner proceeding pro se
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and in forma pauperis in this civil rights action. Plaintiff initiated this action on May 27, 2014.
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Plaintiff consented to the jurisdiction of the Magistrate Judge. (ECF No. 5.)
On January 14, 2015, the Court dismissed Plaintiff’s complaint with leave to amend
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within thirty days after service. 28 U.S.C. § 1915A. Plaintiff was warned that if he failed to file
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an amended complaint in compliance with the order, this action would be dismissed for failure to
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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. § 1915A, this action is HEREBY DISMISSED based
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on Plaintiff’s failure to state any claims upon which relief may be granted and for failure to obey
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a court order. All pending motions, if any, are terminated.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
March 2, 2015
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A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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