Larkin v. Shiver et al.

Filing 15

ORDER DISMISSING Action for Failure to Comply with a Court Order and Failure to State a Cognizable Claim for Relief signed by Magistrate Judge Stanley A. Boone on 6/5/2017. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHONDEL LARKIN, 12 13 14 15 Plaintiff, v. SHEBA SHIVER, et al., Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01590-SAB (PC) ORDER DISMISSING ACTION FOR FAILURE TO COMPLY WITH A COURT ORDER AND FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF [ECF Nos. 1, 13, 14] 17 Plaintiff Shondel Larkin is appearing pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. Plaintiff consented to United States Magistrate Judge jurisdiction on 19 October 13, 2016. (ECF No. 8.) 20 On March 31, 2017, the Court dismissed Plaintiff’s complaint for failure to state a cognizable 21 claim and granted Plaintiff leave to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 22 28 U.S.C. § 1915(e). After thirty days passed and Plaintiff failed to file an amended complaint, on 23 May 10, 2017, the Court ordered Plaintiff to show cause within twenty-one days why the action should 24 not be dismissed for failure to comply with a court order and failure to file an amended complaint. 25 both the March 31, 2017 and May 10, 2017, orders Plaintiff was warned that if he failed to comply, 26 this action would be dismissed for failure to state a cognizable claim for relief. 27 28 In More than twenty-one days have passed, and Plaintiff has not complied with or otherwise responded to the May 10, 2017, order. 1 1 2 3 4 As a result, there is no pleading on file which sets forth any claims upon which relief may be granted. Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is HEREBY DISMISSED based on Plaintiff’s failure to state a claim upon which relief may be granted under section 1983. 5 6 7 8 9 IT IS SO ORDERED. Dated: June 5, 2017 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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