From Casetext: Smarter Legal Research

Grant v. Warden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Oct 27, 2011
CASE NO. 1:10-cv-01608-LJO-SKO PC (E.D. Cal. Oct. 27, 2011)

Opinion

CASE NO. 1:10-cv-01608-LJO-SKO PC Doc. 1 Doc. 9

10-27-2011

MICHAEL DAVID GRANT, SR., Plaintiff, v. WARDEN, et al., Defendants.


ORDER DISMISSING IMPROPERLY JOINED CLAIM, AND DISMISSING ACTION 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 Michael David Grant, Sr., a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 7, 2010. On September 9, 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), it is HEREBY ORDERED that:

1. Plaintiff's claim against Defendant Uzzle is dismissed from this action, without prejudice, as improperly joined;
2. This action is dismissed for failure to state a claim upon which relief may be granted under section 1983 as follows:
a. Plaintiff's claim regarding the failure to properly apply time credits is dismissed, without prejudice; and
b. Plaintiff's First Amendment and Eighth Amendment claims are dismissed, with prejudice; and
3. 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.

Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE


Summaries of

Grant v. Warden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Oct 27, 2011
CASE NO. 1:10-cv-01608-LJO-SKO PC (E.D. Cal. Oct. 27, 2011)
Case details for

Grant v. Warden

Case Details

Full title:MICHAEL DAVID GRANT, SR., Plaintiff, v. WARDEN, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Oct 27, 2011

Citations

CASE NO. 1:10-cv-01608-LJO-SKO PC (E.D. Cal. Oct. 27, 2011)