Opinion
CASE NO. 1:10-cv-01640-SKO PC Docs. 1 and 10
10-14-2011
ERIC CAZARES, Plaintiff, v. R. LOPEZ, et al., Defendants.
ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER SECTION 1983
ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(G)
Plaintiff Eric Cazares, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 10, 2010. On August 25, 2011, 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.
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. Vittorio, No. 08-15620, 2011 WL 4436248, at *4 (9th Cir. Sept. 26, 2011).
IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE