Olive v. Reynoso et al

Filing 10

ORDER DISMISSING COMPLAINT WITH PREJUDICE for Failure to State a Claim for Relief, signed by Magistrate Judge Dennis L. Beck on 6/24/16. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAMIEN D. OLIVE,

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Plaintiff,
v.

Case No. 1:15-cv-0790 DLB PC
ORDER DISMISSING COMPLAINT WITH
PREJUDICE FOR FAILURE TO STATE A
CLAIM FOR RELIEF

JANELLE REYNOSO, et al.,
Defendants.

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Plaintiff Damien D. Olive, (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on May 26, 2015. He consented to the jurisdiction of the

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Magistrate Judge on June 8, 2015.

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On April 20, 2016, the Court screened the complaint and found it failed to state a cognizable

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claim for relief. Plaintiff was directed to file an amended complaint within thirty days. Over thirty

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days passed and Plaintiff failed to comply. Plaintiff was advised that failure to comply would result

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in dismissal of the action with prejudice for failure to state a claim. On June 2, 2016, Plaintiff was

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ordered to show cause why the action should not be dismissed for failure to state a claim. Plaintiff

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was granted fourteen days to comply. Over fourteen days have passed and Plaintiff has failed to

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comply or respond in any manner. Plaintiff was advised that “[f]ailure to show cause, or failure to

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respond to this order, will result in dismissal of this action with prejudice.”
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Accordingly, IT IS HEREBY ORDERED that the complaint is DISMISSED WITH
PREJUDICE for failure to state a claim.
This terminates this action in its entirety.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

June 24, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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