Wallace v. Specter et al

Filing 8

ORDER DISMISSING ACTION FOR FAILURE TO STATE A COGNIZABLE CLAIM UPON WHICH RELIEF MAY BE GRANTED re 7 signed by Magistrate Judge Stanley A. Boone on 1/20/2015. CASE CLOSED. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

AARON WALLACE,

12

Plaintiff,

13
14

v.
DONALD SPECTER, et al.,

15

Defendants.

16

)
)
)
)
)
)
)
)
)
)

Case No.: 1:14-cv-01293-SAB (PC)
ORDER DISMISSING ACTION FOR FAILURE
TO STATE A COGNIZABLE CLAIM UPON
WHICH RELIEF MAY BE GRANTED
[ECF No. 7]

Plaintiff Aaron Wallace is appearing pro se and in forma pauperis in this civil rights action

17
18

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

19

the United States Magistrate Judge on September 10, 2014. Local Rule 302.

20

On December 3, 2014, Plaintiff’s complaint was dismissed with leave to amend for failure to

21

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

22

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

23

the Court’s order. As a result, there is no pleading on file which sets forth any claims upon which

24

relief may be granted.

25

///

26

///

27

///

28

///
1

1

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

2

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

3

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

4

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

5
6
7

IT IS SO ORDERED.

8

Dated:

9

January 20, 2015
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2