Larkin v. Shiver et al.
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SHONDEL LARKIN,
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Plaintiff,
v.
SHEBA SHIVER, et al.,
Defendants.
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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]
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Plaintiff Shondel Larkin is appearing pro se and in forma pauperis in this civil rights action
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pursuant to 42 U.S.C. § 1983. Plaintiff consented to United States Magistrate Judge jurisdiction on
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October 13, 2016. (ECF No. 8.)
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On March 31, 2017, the Court dismissed Plaintiff’s complaint for failure to state a cognizable
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claim and granted Plaintiff leave to file an amended complaint within thirty days. 28 U.S.C. § 1915A;
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28 U.S.C. § 1915(e). After thirty days passed and Plaintiff failed to file an amended complaint, on
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May 10, 2017, the Court ordered Plaintiff to show cause within twenty-one days why the action should
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not be dismissed for failure to comply with a court order and failure to file an amended complaint.
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both the March 31, 2017 and May 10, 2017, orders Plaintiff was warned that if he failed to comply,
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this action would be dismissed for failure to state a cognizable claim for relief.
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More than twenty-one days have passed, and Plaintiff has not complied with or otherwise
responded to the May 10, 2017, order.
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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.
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IT IS SO ORDERED.
Dated:
June 5, 2017
UNITED STATES MAGISTRATE JUDGE
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