Rodriguez v. Palmero

Filing 9

ORDER DISMISSING CASE with prejudice, for failure to state a claim signed by Magistrate Judge Dennis L. Beck on 10/27/2015. CASE CLOSED.(Lundstrom, T)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

CHARLIE RODRIGUEZ,

13

Plaintiff,

14

v.

15

PALMERO, M.D., et al.,

16

Case No. 1:14-cv-01742 DLB PC
ORDER DISMISSING COMPLAINT
WITH PREJUDICE FOR FAILURE TO
STATE A CLAIM
ORDER DIRECTING CLERK OF COURT TO
TERMINATE ACTION

Defendants.

17
Plaintiff Charlie Rodriguez (“Plaintiff”) is a California state prisoner proceeding pro se and

18
19

in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on

20

November 7, 2014.1 He names Palmero, M.D., as Defendant.
On September 8, 2015, the Court screened the complaint and determined that Plaintiff failed

21
22

to state a claim upon which relief may be granted under Section 1983. Plaintiff was provided an

23

opportunity to file an amended complaint and he was directed to file the amended complaint within

24

thirty (30) days. Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). Over thirty days have

25

passed and Plaintiff has failed to file an amended complaint or otherwise communicate with the

26

Court. Plaintiff was forewarned: “If Plaintiff fails to file an amended complaint in compliance with

27

this order, this action will be dismissed, with prejudice, for failure to state a claim.”

28
1

Plaintiff consented to the jurisdiction of the Magistrate Judge on December 8, 2014.

1

1
2
3
4

Accordingly, it is HEREBY ORDERED that:
1.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE for failure to state a claim

under section 1983;
2.

The Clerk of Court is DIRECTED to terminate this action in its entirety.

5
6
7
8

IT IS SO ORDERED.
Dated:

/s/ Dennis

October 27, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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