Peralta v. Corizon Health Services et al

Filing 7

ORDER DISMISSING ACTION With Prejudice for Failure to State a Claim Under Section 1983 signed by Magistrate Judge Dennis L. Beck on 6/24/2016. CASE CLOSED. (Jessen, A)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

MICHAEL PERALTA,

11

Plaintiff,
v.

12
13

ORDER DISMISSING ACTION WITH
PREJUDICE FOR FAILURE TO STATE A
CLAIM UNDER SECTION 1983

CORIZON HEALTH SERVICES, et al.,

14

Case No. 1:15-cv-01090 DLB PC

Defendants.

15
_____________________________________/
16
17

Plaintiff Michael Peralta, a state prisoner proceeding pro se and in forma pauperis, filed

18 this civil rights action pursuant to 42 U.S.C. § 1983 on July 15, 2015. He consented to the
19 jurisdiction of the Magistrate Judge on August 5, 2015.
20

On May 18, 2016, the Court issued a screening order dismissing the complaint for failure

21 to state a claim. Plaintiff was directed to file an amended complaint within thirty days. Over
22 thirty days have passed and Plaintiff has failed to comply. Notably, the order served on Plaintiff
23 was returned by the U.S. Postal Service as “Undeliverable – Not in custody.”

The order

24 dismissing the complaint provided that failure to file an amended complaint within the allotted
25 time would result in dismissal of the action with prejudice.
26 ///
27 ///
28 ///

1

Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED WITH

2 PREJUDICE for failure to state a claim.
3
4
5
6

IT IS SO ORDERED.
Dated:

/s/ Dennis

June 24, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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