Grier v. Cate, et al.

Filing 12

ORDER DISMISSING CASE With Prejudice, for Failure to State a Claim Upon Which Relief May Be Granted and ORDER That This Case is Subject to the "Three-Strikes" Provision Set Forth in 28 U.S.C. 1915(g) signed by Magistrate Judge Gary S. Austin on 4/28/2017. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEXANDER GRIER,

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Plaintiff,

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vs.
MATTHEW CATE, et al.,

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Defendants.

1:16-cv-00656-GSA-PC
ORDER DISMISSING CASE, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM UPON WHICH RELIEF MAY BE
GRANTED
(ECF No. 1.)

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ORDER THAT THIS CASE IS SUBJECT TO
THE “THREE STRIKES” PROVISION SET
FORTH IN § 28 U.S.C. ' 1915(g)

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ORDER FOR CLERK TO CLOSE CASE

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I.

BACKGROUND AND DISCUSSION

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Alexander Grier (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983. On February 26, 2016, Plaintiff filed the Complaint

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commencing this action at the United States District Court for the Southern District of

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California. (ECF No. 1.) On May 10, 2016, the case was transferred to the Eastern District of

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California. (ECF No. 3.)

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On June 6, 2016, Plaintiff consented to Magistrate Judge jurisdiction in this action

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pursuant to 28 U.S.C. § 636(c), and no other parties have made an appearance. (ECF No. 7.)

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Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of
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California, the undersigned shall conduct any and all proceedings in the case until such time as

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reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

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The court screened Plaintiff’s Complaint and issued an order on March 6, 2017,

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dismissing the Complaint for failure to state a claim, with leave to file an amended complaint

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within thirty days. (ECF No. 11.) The thirty-day time period has expired, and Plaintiff has not

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filed an amended complaint or otherwise responded to the court’s order. As a result, there is no

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pleading on file which sets forth any claims upon which relief may be granted.

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Accordingly, this case shall be DISMISSED, with prejudice, based on Plaintiff=s failure
to state a claim upon which relief may be granted under section 1983.
II.

CONCLUSION

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Therefore, based on the foregoing, it is HEREBY ORDERED that:

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1.

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relief may be granted under § 1983;
2.

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This action is dismissed, with prejudice, for failure to state a claim upon which

This dismissal is subject to the “three-strikes” provision set forth in 28 U.S.C. '
1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011); and

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The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

April 28, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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