Garcia v. Fresno Department of Corrections
Filing
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ORDER DISMISSING Action, With Prejudice, For Failure to State a Claim Upon Which Relief May be Granted Under Section 1983; ORDER Counting Dismissal as a Strike Under 28 U.S.C. 1915(G), signed by Magistrate Judge Sheila K. Oberto on 6/28/2011. CASE CLOSED (Strike). (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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STEPHEN GARCIA,
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Plaintiff,
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CASE NO. 1:10-cv-00605-SKO PC
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983
v.
FRESNO DEPARTMENT OF
CORRECTIONS,
(Docs. 1 and 7)
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Defendant.
ORDER COUNTING DISMISSAL AS A
STRIKE UNDER 28 U.S.C. § 1915(G)
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/
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Plaintiff Stephen Garcia, a prisoner proceeding pro se and in forma pauperis, filed this civil
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rights action pursuant to 42 U.S.C. § 1983 on April 7, 2010. On May 6, 2011, the Court dismissed
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Plaintiff’s complaint for failure to state a claim under section 1983, and ordered Plaintiff to file an
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amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date, Plaintiff
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has not complied with or otherwise responded to the Court’s order. As a result, there is no pleading
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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 and 28 U.S.C. § 1915(e), this action is
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HEREBY DISMISSED, with prejudice, based on Plaintiff’s failure to state any claims upon which
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relief may be granted under section 1983. This dismissal SHALL count as a strike under 28 U.S.C.
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§ 1915(g).
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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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