Tanksley v. Sacramento County Sheriff Dept., et al

Filing 14

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/23/15 ORDERING that the amended complaint is dismissed with prejudice; and the Clerk of Court shall close this case. CASE CLOSED. (Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MOODY W. TANKSLEY, 12 Plaintiff, 13 14 15 v. No. 2:14-cv-2281 CKD P ORDER SACRAMENTO COUNTY SHERRIFF DEPT., et al., Defendants. 16 17 Plaintiff is a former jail inmate proceeding without counsel. Plaintiff seeks relief pursuant 18 19 to 42 U.S.C. § 1983, and is proceeding in forma pauperis. This proceeding was referred to this 20 court pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. Plaintiff’s amended complaint is 21 now before the court. Plaintiff has consented to this court’s jurisdiction pursuant to 28 U.S.C. § 22 636(c) and Local Rule 302. (ECF No. 4.) The court is required to screen complaints brought by prisoners seeking relief against a 23 24 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). 25 Here, the court concludes that the amended complaint fails to cure the deficiencies of the original 26 complaint (see ECF No. 5), fails to state a claim, and that further leave to amend would be futile. 27 //// 28 //// 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. The amended complaint is dismissed with prejudice; and 3 2. The Clerk of Court shall close this case. 4 Dated: February 23, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 2 / tank2281.14amd.new 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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