Little v. Brown et al

Filing 11

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/29/14 ORDERING that the First Amended Complaint (ECF No. 10) is dismissed for failure to state a claim, and the Clerk of Court shall close this case. CASE CLOSED. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM A. LITTLE,

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No. 2:14-cv-1964 CKD P

Plaintiff,
v.

ORDER

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EDMUND G. BROWN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, who seeks relief

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pursuant to 42 U.S.C. § 1983. On September 18, 2014, plaintiff’s complaint was dismissed with

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thirty days’ leave to amend. (ECF No. 7.) Plaintiff has filed an amended complaint, now before

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the court. (ECF No. 10.) Plaintiff has consented to this court’s jurisdiction pursuant to 28 U.S.C.

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§ 636(c) and Local Rule 302. (ECF No. 6.)

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The court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).

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Having reviewed the amended complaint, the undersigned concludes that it fails to cure
the defects of the original complaint as discussed in the September 18, 2014 screening order.
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Because it appears that another round of amendment would be futile, the undersigned will dismiss

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this action.

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Accordingly, IT IS HEREBY ORDERED that the First Amended Complaint (ECF No.

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10) is dismissed for failure to state a claim, and the Clerk of Court shall close this case.

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Dated: October 29, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / litt1964.fac

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