Castaneda v. United States District Court Eastern District of California

Filing 7

ORDER DISMISSING Action(Strike), with Prejudice, for Failure to State a Claim upon which Relief may be Granted Under Section 1983; ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. 1915(G) signed by District Judge Anthony W. Ishii on 11/25/2014. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERTO G. CASTANEDA,
Plaintiff,

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v.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA,

Case No. 1:14-cv-01524-AWI-SKO (PC)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983
(Docs. 1 and 5)

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Defendant.
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ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. ' 1915(G)

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Plaintiff Roberto G. Castaneda, a former state prisoner proceeding pro se and in forma

18 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 29, 2014. On
19 October 14, 2014, the Court dismissed Plaintiff’s complaint for failure to state a claim under
20 section 1983 and ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. §
21 1915A; 28 U.S.C. § 1915(e). More than thirty days have passed and Plaintiff has not complied
22 with or otherwise responded to the Court’s order. As a result, there is no pleading on file which
23 sets forth any claims upon which relief may be granted.
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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is

25 HEREBY DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon which
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1 relief may be granted under section 1983. This dismissal is subject to the “three-strikes” provision
2 set 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.

5 Dated: November 25, 2014

SENIOR DISTRICT JUDGE

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