Biagas v. Virga et al

Filing 37

ORDER signed by Magistrate Judge Craig M. Kellison on 03/23/16 ordering this action is dismissed without prejudice, for failure to state a claim. Plaintiff's motion for investigation 21 is denied as moot. The clerk of the court is directed to enter judgment and close this file. CASE CLOSED (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

VINCENT J. BIAGAS, SR.,

12

No. 2:13-CV-2656-CMK-P

Plaintiff,

13

vs.

14

T. VIRGA, et al.,

15

ORDER

Defendants.

16
17

/
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

18

42 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C.

19

§ 636(c) and no other party has been served or appeared in the action.

20

On May 29, 2014, the court dismissed plaintiff’s original complaint with leave to

21

amend. The court identified a number of defects in plaintiff’s complaint, chief among them

22

being that plaintiff’s complaint failed to contain a short and plain statement of his claim as

23

required by Federal Rule of Civil Procedure 8(a). Additionally, plaintiff appears to be asserting

24

unrelated claims against numerous defendants, which contravenes Federal Rule of Civil

25

Procedure 18(a). Finally, plaintiff failed to allege a link between any named defendant and the

26

alleged constitutional violations.
1

1

Following numerous extension of time, plaintiff filed a first amended complaint

2

on December 1, 2014. The amended complaint suffered from the same defects and, on

3

November 3, 2015, the court directed plaintiff to show cause why the action should not be

4

dismissed for failure to state a claim. After numerous additional extensions of time, plaintiff

5

filed a response to the order to show cause on March 11, 2016. Having reviewed plaintiff’s

6

response, the court finds that plaintiff has not offered anything to indicate that plaintiff will be

7

able, upon further leave to amend, to cure the defects identified in the court’s prior orders. To

8

the contrary, his response is just as convoluted as his complaints.

9

Accordingly, IT IS HEREBY ORDERED that:

10

1.

This action is dismissed, without prejudice, for failure to state a claim;

11

2.

Plaintiff’s “Motion for Investigation” (Doc. 21) is denied as moot; and

12

3.

The Clerk of the Court is directed to enter judgment and close this file.

13
14
15
16

DATED: March 23, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
2