Sample v. Corizon Health

Filing 8

ORDER DISMISSING Action, 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 Magistrate Judge Sheila K. Oberto on 12/24/15. CASE CLOSED (Strike). (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUSTY WAYNE SAMPLE,

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Plaintiff,

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v.

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Case No. 1:15-cv-00164-SKO (PC)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

CORIZON HEALTH,

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(Docs. 1 and 7)
Defendant.

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

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_____________________________________/
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Plaintiff Rusty Wayne Sample, a former prisoner proceeding pro se and in forma pauperis,

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18 filed this civil rights action pursuant to 42 U.S.C. § 1983 on February 27, 2015. On October 28,

19 2015, the Court dismissed Plaintiff’s complaint for failure to state a claim under section 1983 and
20 ordered 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 since passed, and Plaintiff has not complied with or

22 otherwise responded to the Court’s order. As a result, there is no pleading on file which sets forth
23 any claims upon which relief may be granted.
Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is

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25 HEREBY DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon which
26 relief may be granted under section 1983. This dismissal is subject to the “three-strikes” provision
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Plaintiff was in jail when he filed suit.

1 set forth in 28 U.S.C. § 1915(g). Coleman v. Tollefson, __ U.S. __, __, 125 S.Ct. 1759, 1765
2 (2015).
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IT IS SO ORDERED.

5 Dated:

December 24, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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