Hunter v. McBride et al

Filing 10

ORDER DISMISSING ACTION, With Prejudice, for Failure to State a Claim Upon Which Relief May Be Granted Under Section 1983 and ORDER That Dismissal is Subject to 28 U.S.C. 1915(G) signed by Magistrate Judge Stanley A. Boone on 2/18/2015. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE HUNTER,

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Plaintiff,

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v.

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McBRIDE, et al.,

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Defendants.

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Case No.: 1:14-cv-01192-SAB (PC)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983
[ECF Nos. 1, 8, 9]
ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(G)

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Plaintiff Jesse Hunter is appearing pro se and in forma pauperis in this civil rights action

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

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the United States Magistrate Judge on November 5, 2014. Local Rule 302.

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On November 18, 2014, the Court dismissed Plaintiff’s complaint for failure to state a claim

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under section 1983 and ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. §

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1915A; 28 U.S.C. § 1915(e). More than thirty days have passed and Plaintiff did not comply or

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otherwise responded to the Court’s order.

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Accordingly, on January 6, 2015, the Court issued an order to show cause within thirty days as

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why the action should not be dismissed. (ECF No. 9.) Plaintiff has failed to respond to the Court’s

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order to show cause. As a result, there is no pleading on file which sets forth any claims upon which

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relief may be granted.
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Based on the foregoing, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is

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

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relief may be granted under section 1983. This dismissal is subject to the “three-strikes” provision set

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forth in 28 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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February 18, 2015
UNITED STATES MAGISTRATE JUDGE

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