Cole v. Reames et al.

Filing 10

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/1/17 ORDERING that this action is DISMISSED without prejudice. 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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WALTER L. COLE,

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Plaintiff,

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No. 2:16-cv-2570 CKD P

v.

ORDER

D. REAMES, 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 December 15, 2016, the complaint was dismissed, and plaintiff was

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granted thirty days’ leave to amend. (ECF No. 5.) Plaintiff’s amended complaint is now before

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the court for screening. (ECF No. 8.) See 28 U.S.C. § 1915A(a). Plaintiff has consented to

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Magistrate Judge jurisdiction over all proceedings this action. (ECF No. 4.)

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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 December 15, 2016 screening order, or

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state a cognizable claim against any defendant. Because it appears that another round of

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amendment would be futile, the undersigned will dismiss this action without prejudice.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice.
Dated: March 1, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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