Martin v. Escalante et al

Filing 11

ORDER Dismissing action. The time permitted by the Court for Plaintiff to comply with the Court's Orders has since passed and Plaintiff has failed to file any pleadings to comply with the Court's Orders. Thus, the Court Dismisses this action for all the reasons set forth in the Court's December 29, 2010 Order and for failing to comply with the Courts February 25, 2011 Order. Signed by Judge Michael M. Anello on 5/26/11.(All non-registered users served via U.S. Mail Service)(lao)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DAMON MARTIN,
CDCR #V-86685,

Civil No.
Plaintiff,

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ORDER DISMISSING ACTION

vs.

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10cv2387 MMA (RBB)

M. ESCALANTE, et al.,

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Defendants.

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On November 18, 2010, Damon Martin (“Plaintiff”), a former state prisoner proceeding

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pro se, submitted a civil rights Complaint pursuant to 28 U.S.C. § 1983. In addition, Plaintiff

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filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). The

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Court granted Plaintiff’s Motion to Proceed IFP and sua sponte dismissed his original Complaint

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for failing to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B) & 1915A(b). See Nov. 23,

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2010 Order at 7-8.

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10cv2387 MMA (RBB)

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Plaintiff was granted leave to file an Amended Complaint in order to correct the

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deficiencies of pleading identified by the Court. Id. On December 21, 2010, Plaintiff filed his

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First Amended Complaint (“FAC”). The Court, once again, conducted the required sua sponte

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screening and dismissed Plaintiff’s FAC for failing to state a claim. See Dec. 29, 2010 Order

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at 4-5. Plaintiff then filed a Motion requesting appointment of counsel. The Court denied

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Plaintiff’s request but granted him an extension of time to file a Second Amended Complaint.

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See Feb. 25, 2011 Order at 3.

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The time permitted by the Court for Plaintiff to comply with the Court’s Orders has since

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passed and Plaintiff has failed to file any pleadings to comply with the Court’s Orders. Thus,

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the Court DISMISSES this action for all the reasons set forth in the Court’s December 29, 2010

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Order and for failing to comply with the Court’s February 25, 2011 Order.

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The Clerk of Court shall enter judgment for the Defendants and close the file.

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IT IS SO ORDERED.

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DATED: May 26, 2011
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Hon. Michael M. Anello
United States District Judge

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10cv2387 MMA (RBB)