Cisneros v. Graham et al

Filing 13

ORDER DISMISSING ACTION for Failure to State a Cognizable Claim Upon Which Relief May Be Granted signed by Magistrate Judge Stanley A. Boone on 1/15/2015. CASE CLOSED. This dismissal is subject to the "three-strikes" provision set forth in 28 U.S.C. § 1915(g). (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL VINCENT CISNEROS,

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Plaintiff,

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v.

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GRAHAM, et al.,

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Defendants.

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Case No.: 1:14-cv-00922-SAB (PC)
ORDER DISMISSING ACTION FOR FAILURE
TO STATE A COGNIZABLE CLAIM UPON
WHICH RELIEF MAY BE GRANTED
[ECF Nos. 9, 12]

Plaintiff Michael Vincent Cisneros is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the

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jurisdiction of the United States Magistrate Judge on June 30, 2014. Local Rule 302.

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On October 17, 2014, Plaintiff’s complaint was dismissed with leave to amend for failure to

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state a cognizable claim for relief, and an amended complaint was due within thirty days. 28 U.S.C. §

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1915A; 28 U.S.C. § 1915(e). Plaintiff failed to file an amended complaint or otherwise respond to the

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Court’s order, and on December 3, 2014, an order to show cause was issued. The thirty day time

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frame to respond has expired and Plaintiff has failed to respond to the order to show cause.

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Accordingly, there is no pleading on file which sets forth any claims upon which relief may be

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granted.

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

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DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon which relief may be

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granted under section 1983. This dismissal is subject to the “three-strikes” provision set forth in 28

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U.S.C. § 1915(g). Silva v. Di Vittorio, 658 F.3d 1090, 1098-99 (9th Cir. 2011).

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IT IS SO ORDERED.

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Dated:

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January 15, 2015
UNITED STATES MAGISTRATE JUDGE

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