Opinion
CASE NO. 1:10-cv-01556-SKO PC
08-29-2011
STEVE WOOD Plaintiff, v. DR. R. GOSHGARIAN, Defendant.
ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A
CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER SECTION 1983
(Doc. 9)
ORDER COUNTING DISMISSAL AS A
STRIKE UNDER 28 U.S.C. § 1915(G)
Plaintiff Steve Wood, a former state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 30, 2010. On July 6, 2011, the Court dismissed Plaintiff's complaint for failure to state a claim under section 1983, 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.
Plaintiff was incarcerated when he filed suit.
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.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE