Wilson v. Unknown

Filing 29

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/26/17 ordering this action is dismissed without prejudice. CASE CLOSED. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ROGER WILSON,

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Plaintiff,

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v.

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No. 2:16-cv-0908 CKD P

WARDEN, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief pursuant to

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42 U.S.C. § 1983. On June 28, 2016, plaintiff’s original complaint was dismissed with thirty

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days’ leave to amend. (ECF No. 11.) Plaintiff’s amended complaint is now before the court for

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screening. (ECF No. 27.) See 28 U.S.C. § 1915A(a). Plaintiff has consented to Magistrate Judge

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jurisdiction over all proceedings this action. (ECF No. 4.)
Having reviewed the amended complaint, the undersigned concludes that it fails to cure

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the defects of the original complaint as discussed in the June 28, 2016 screening order. Nor does

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the complaint set forth a short and plain statement of the claim showing entitlement to relief, as

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required by Rule 8 of the Federal Rules of Civil Procedure.

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Because it appears that another round of amendment would be futile, the undersigned will
dismiss this action for failure to state a claim.
Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice.
Dated: January 26, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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