Grier v. Cate, et al.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MATTHEW CATE, et al.,
ORDER DISMISSING CASE, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM UPON WHICH RELIEF MAY BE
(ECF No. 1.)
ORDER THAT THIS CASE IS SUBJECT TO
THE “THREE STRIKES” PROVISION SET
FORTH IN § 28 U.S.C. ' 1915(g)
ORDER FOR CLERK TO CLOSE CASE
BACKGROUND AND DISCUSSION
Alexander Grier (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights
action pursuant to 42 U.S.C. § 1983. On February 26, 2016, Plaintiff filed the Complaint
commencing this action at the United States District Court for the Southern District of
California. (ECF No. 1.) On May 10, 2016, the case was transferred to the Eastern District of
California. (ECF No. 3.)
On June 6, 2016, Plaintiff consented to Magistrate Judge jurisdiction in this action
pursuant to 28 U.S.C. § 636(c), and no other parties have made an appearance. (ECF No. 7.)
Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of
California, the undersigned shall conduct any and all proceedings in the case until such time as
reassignment to a District Judge is required. Local Rule Appendix A(k)(3).
The court screened Plaintiff’s Complaint and issued an order on March 6, 2017,
dismissing the Complaint for failure to state a claim, with leave to file an amended complaint
within thirty days. (ECF No. 11.) The thirty-day time period has expired, and Plaintiff has not
filed an amended complaint or otherwise responded to the court’s order. As a result, there is no
pleading on file which sets forth any claims upon which relief may be granted.
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.
Therefore, based on the foregoing, it is HEREBY ORDERED that:
relief may be granted under § 1983;
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
The Clerk of Court is directed to close this case.
IT IS SO ORDERED.
April 28, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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