Vega v. Yates et al
Filing
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ORDER DISMISSING Action, With Prejudice, for Failure to State a Claim Upon Which Relief May be Granted, signed by Magistrate Judge Sheila K. Oberto on 6/28/2011. CASE CLOSED. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSE A. VEGA,
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Plaintiff,
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CASE NO. 1:10-cv-00018-SKO PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED
v.
JAMES A. YATES, et al.,
(Docs. 1 and 7)
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Defendants.
/
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Plaintiff Jose A. Vega is a state prisoner proceeding pro se in this civil rights action, which
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was removed from Fresno County Superior Court on January 5, 2010, by Defendant J. Yates and F.
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Igbinosa. 28 U.S.C. § 1441(b). On March 4, 2011, the Court dismissed Plaintiff’s complaint for
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failure to state any claims upon which relief may be granted and ordered Plaintiff to file an amended
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complaint within thirty days. 28 U.S.C. § 1915A. On April 8, 2011, the Court granted Plaintiff a
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sixty-day extension of time to file an amended complaint, but the time period has expired and
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Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there is no
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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
prejudice, based on Plaintiff’s failure to state any claims upon which relief may be granted.
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IT IS SO ORDERED.
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Dated:
ie14hj
June 28, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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