Opinion
CASE NO. 1:10-cv-01048-LJO-SKO PC Doc. 7 Doc. 9
08-15-2011
GREGORIO C. FUNTANILLA, JR., Plaintiff, v. DAVID TRISTAN, et al., Defendants.
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983
ORDER COUNTING DISMISSAL AS A
STRIKE UNDER 28 U.S.C. § 1915(G)
Plaintiff Gregorio C. Funtanilla, Jr., a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on June 9, 2010. On June 3, 2011, the Court dismissed Plaintiff's amended complaint for failure to state a claim, and ordered Plaintiff to file a second 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 a claim 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 SHALL count as a strike under 28 U.S.C. § 1915(g). IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE