Miller v. Withrow

Filing 8

ORDER DISMISSING ACTION, With Prejudice, for Failure to State a Claim Upon Which Relief May Be Granted Under Section 1983 signed by Magistrate Judge Sheila K. Oberto on 5/11/2015. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRUCE WAYNE MILLER,
Plaintiff,

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v.

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ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

ROBERT WITHROW,

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Case No. 1:14-cv-01011-SKO (PC)

Defendant.
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(Docs. 1 and 7)
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Plaintiff Bruce Wayne Miller, a civil detainee proceeding pro se and in forma pauperis,

17 filed this civil rights action pursuant to 42 U.S.C. § 1983 on June 16, 2014. On March 16, 2015,
18 the Court dismissed Plaintiff’s complaint for failure to state a claim under section 1983 and
19 ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. § 1915(e). More than
20 thirty days have passed and Plaintiff has not complied with or otherwise responded to the Court’s
21 order. As a result, there is no pleading on file which sets forth any claims upon which relief may
22 be granted.
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Accordingly, pursuant to 28 U.S.C. § 1915(e), this action is HEREBY DISMISSED, with

2 prejudice, based on Plaintiff’s failure to state a claim upon which relief may be granted under
3 section 1983.
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IT IS SO ORDERED.
Dated:

May 11, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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