Grant v. Warden

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

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.

Lawrence J. O'Neill

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