Gaona v. State of California, et al.

Filing 9

ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER SECTION 1983 re 6 , 8 . ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(G) signed by Magistrate Judge Sheila K. Oberto on 1/30/2015. CASE CLOSED.(Lundstrom, T)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

JESUS J. GAONA,
Plaintiff,

11
v.

12
13

Case No. 1:14-cv-01677-SKO (PC)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

STATE OF CALIFORNIA, et al.,
(Docs. 6 and 8)
Defendants.

14

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

15
_____________________________________/
16
17

Plaintiff Jesus J. Gaona, a state prisoner proceeding pro se and in forma pauperis, filed this

18 civil rights action pursuant to 42 U.S.C. § 1983 on October 27, 2014. On December 11, 2014, the
19 Court dismissed Plaintiff’s complaint for failure to state a claim under section 1983 and ordered
20 Plaintiff to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. §
21 1915(e). More than thirty days have passed and Plaintiff has not complied with or otherwise
22 responded to the Court’s order. As a result, there is no pleading on file which sets forth any
23 claims upon which relief may be granted.
24

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
26 ///
27 ///
28 ///

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).
3
4
5

IT IS SO ORDERED.
Dated:

January 30, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2