Vos v. Hedgpeth et al
Filing
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ORDER signed by Magistrate Judge Sheila K. Oberto on 6/20/2011 DISMISSING CASE (Strike) with prejudice. CASE CLOSED.(Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KEVIN F. VOS,
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Plaintiff,
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CASE NO. 1:08-cv-00041-SKO PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED
v.
ANTHONY HEDGPETH, et al.,
(Doc. 10)
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Defendants.
ORDER COUNTING DISMISSAL AS A
STRIKE UNDER 28 U.S.C. § 1915(G)
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/
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Plaintiff Kevin F. Vos, a state prisoner proceeding pro se, filed this civil rights action
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pursuant to 42 U.S.C. § 1983 on January 9, 2008. On January 11, 2011, the Court dismissed
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Plaintiff’s amended complaint for failure to state any claims, and ordered Plaintiff to file a second
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amended complaint within thirty days. 28 U.S.C. § 1915A. On March 11, 2011, the Court granted
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Plaintiff’s motion for a sixty-day extension of time to file a second amended complaint, but deadline
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has expired and Plaintiff has not complied with or otherwise responded to the Court’s order. As a
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result, there is no pleading on file which sets forth any claims upon which relief may be granted.
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Accordingly, pursuant to 28 U.S.C. § 1915A, this action is HEREBY DISMISSED, with
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prejudice, based on Plaintiff’s failure to state any claims upon which relief may be granted. This
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dismissal SHALL count as a strike under 28 U.S.C. § 1915(g).
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IT IS SO ORDERED.
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Dated:
ie14hj
June 20, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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