Black v. Delano Regional Medical Center, et al.

Filing 21

ORDER DISMISSING CASE (Strike) with Prejudice for Failure to Obey a Court Order, Failure to Prosecute, and Failure to State a Claim; DISMISSAL COUNTS AS STRIKE Pursuant to 28 U.S.C. 1915(g); Clerk to TERMINATE all Pending Motions and CLOSE CASE signed by Magistrate Judge Michael J. Seng on 12/1/2016. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LACY CHARLES BLACK,

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Plaintiff,
v.
DELANO REGIONAL MEDICAL
CENTER, et al.,
Defendants.

CASE No. 1:15-cv-01124-MJS (PC)
ORDER DISMISSING CASE WITH
PREJUDICE FOR FAILURE TO OBEY A
COURT ORDER, FAILURE TO
PROSECUTE, AND FAILURE TO STATE
A CLAIM
DISMISSAL COUNTS AS STRIKE
PURSUANT TO 28 U.S.C. § 1915(g)
CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE

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Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. He has consented to Magistrate Judge

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jurisdiction. (ECF No. 8.) No other parties have appeared.

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Plaintiff initiated this action on July 1, 2015. (ECF No. 1.) On August 18, 2015, the

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Court dismissed Plaintiff’s complaint and granted leave to amend. (ECF No. 11.) On

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December 3, 2015, Plaintiff filed his first amended complaint. (ECF No. 16.) On June 17,

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2016, the Court screened Plaintiff’s first amended complaint and found it stated no

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cognizable claims. (ECF No. 17.) The Court dismissed the complaint and granted

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Plaintiff thirty days to file a second amended complaint or a notice of voluntary dismissal.

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Id. On August 8, 2016, Plaintiff requested a thirty day extension of time to file a second

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amended complaint. (ECF No. 18.) On August 11, 2016, that motion was granted. (ECF

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No. 19.)

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The thirty day extended deadline Plaintiff requested and received expired without

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Plaintiff filing a second amended complaint, a notice of voluntary dismissal, or anything

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further with the Court. Therefore, on November 7, 2016, the Court issued an order for

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Plaintiff to show cause within fourteen days why his case should not be dismissed with

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prejudice for failure to obey a court order, failure to prosecute, and failure to state a

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claim. (ECF No. 20.) The fourteen-day deadline has passed without Plaintiff having filed

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a response.

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Plaintiff has been afforded ample opportunities to attempt to state a cognizable

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claim and has failed to do so. Plaintiff also has failed to respond to numerous orders of

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the Court. Accordingly, it is HEREBY ORDERED THAT:

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1.

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failure to prosecute, and failure to state a claim; and
2.

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This action is DISMISSED with prejudice for failure to obey a court order,

Dismissal counts as a strike pursuant to the “three strikes” provision set
forth in 28 U.S.C. § 1915(g); and

3.

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The Clerk of the Court shall terminate all pending motions and close the
case.

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IT IS SO ORDERED.
Dated:

December 1, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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