Grant v. Briggs

Filing 13

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/5/2015 DISMISSING this action with prejudice for failure to state a claim. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRAVARE M. GRANT,

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No. 2:15-cv-0864 CKD P

Plaintiff,

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v.

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R. L. BRIGGS,

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ORDER

Defendant.

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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 May 14, 2015, plaintiff’s complaint was dismissed with thirty

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days’ leave to amend. (ECF No. 9.) Plaintiff has filed an amended complaint, now before the

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court. (ECF No. 12.) Plaintiff has consented to Magistrate Judge jurisdiction over all

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proceedings in this action. (ECF No. 7.)

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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 May 14, 2015 screening order. Because it
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appears that another round of amendment would be futile, the undersigned will dismiss this action

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for failure to state a claim.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed with prejudice for

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failure to state a claim.

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Dated: June 5, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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