Opinion
CASE NO. 1:12-cv-00507-AWI-SKO PC
01-02-2013
NEIL PARIS SUGARMAN, Plaintiff, v. MARK PAZIN, et al., Defendants.
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983
(Docs. 1 and 7)
ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(G)
Plaintiff Neil Paris Sugarman, a prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 2, 2012. On October 26, 2012, the Court dismissed Plaintiff's complaint for failure to state a claim and ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date, Plaintiff has not complied with or otherwise responded to the Court's order. As a result, there is no pleading on file which sets forth any claims upon which relief may be granted.
On November 7, 2012, the United States Postal Service returned the order as undeliverable. A notation on the envelope indicates that Plaintiff is not in custody. However, Plaintiff has not notified the Court of any change in his address. Absent such notice, service at a party's prior address is fully effective. Local Rule 182(f).
Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is HEREBY DISMISSED, with prejudice, based on Plaintiff's failure to state a claim upon which relief may be granted under section 1983. This dismissal is subject to the "three-strikes" provision set forth in 28 U.S.C. § 1915(g). Silva v. Di Vittorio, 658 F.3d 1090, 1098-99 (9th Cir. 2011). IT IS SO ORDERED.
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UNITED STATES DISTRICT JUDGE