Gotell v. Ridgeway

Filing 5

ORDER DISMISSING CASE; this action is dismissed with prejudice as to all claims and all parties for failure to state a claim upon which relief can be granted. Signed by Judge Larry Alan Burns on 2/27/07. (kaj)

Gotell v. Ridgeway

Doc. 5

Case 3:07-cv-00084-LAB-JMA

Document 5

Filed 02/27/2007

Page 1 of 1

1 2 3 4 5 6 7 8 9 10 11 12 vs. 13 KIMMI RIDGEWAY, Deputy Clerk, et al., 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HO N O R A B LE LARRY ALAN BURNS United States District Judge
Dockets.Justia.com

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

JOSEPH GOTELL, Plaintiff,

CASE NO. 07cv0084-LAB (JMA) ORDER DISMISSING CASE

Defendants. By Order entered February 1, 2007, this court granted plaintiff's Motion To Proceed IFP, dismissed the Complaint without prejudice for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) after sua sponte screening, and granted plaintiff leave to file a First Amended Complaint to address all the deficiencies of pleading described in that Order. The court further advised plaintiff that if the First Amended Complaint still failed to state a claim, this case would be dismissed with prejudice, without further leave to amend. See McHenry v. Renne, 84 F.3d 1172, 1179 (9th Cir. 1996). On February 13, 2007, plaintiff timely filed a First Amended Complaint. However, that pleading fails to cure the defects identified in his original pleading. Accordingly, IT IS HEREBY ORDERED this action is DISMISSED with prejudice as to all claims and all parties for failure to state a claim upon which relief can be granted. IT IS SO ORDERED. DATED: February 27, 2007