Gomez v. Board of Parole Hearings, et al

Filing 18

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/13/2016 DISMISSING this action without prejudice for failure to state a claim. CASE CLOSED. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUSTAVO GOMEZ,

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Plaintiff,

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No. 2:16-cv-0911 CKD P

v.

ORDER

BOARD OF PAROLE HEARINGS, et al.,

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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 September 1, 2016, plaintiff’s original complaint was dismissed with thirty

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days’ leave to amend. (ECF No. 15.) Plaintiff’s amended complaint is now before the court for

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screening. See 28 U.S.C. § 1915A(a). (ECF No. 17.) Plaintiff has consented to Magistrate Judge

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jurisdiction over all proceedings this action. (ECF No. 13.)
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 September 1, 2016 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 for failure to state a claim.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice

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for failure to state a claim.

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Dated: October 13, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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