Sanders v. Kern Medical Center et al
Filing
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ORDER DISMISSING CASE for Failure to State a Claim Upon Which Relief Can be Granted, signed by Magistrate Judge Gary S. Austin on 11/30/2011. CASE CLOSED. (Jessen, A)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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GARY SANDERS,
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Plaintiff,
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v.
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DR. NGUYEN, et al.,
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Defendants.
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____________________________________)
NO. 1:11-cv-00573-GSA-PC
ORDER DISMISSING ACTION
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Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C.
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§ 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to 28 U.S.C. §
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636(c)(1).
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By order filed October 21, 2011, the operative complaint was dismissed for failure to
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state a claim. Plaintiff was granted leave to file an amended complaint, and directed to do so
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within thirty days. Plaintiff has not filed an amended complaint.
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In the October 21, 2011, order the Court informed Plaintiff of the deficiencies in his
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complaint, and dismissed the complaint on the ground that Plaintiff had failed to state a claim
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upon which relief could be granted. Because Plaintiff has not filed an amended complaint, the
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Court dismisses the claims made in the original complaint with prejudice for failure to state a
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federal claim upon which the court could grant relief. See Noll v. Carlson, 809 F. 2d 1446, 1448
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(9th Cir. 1987) (prisoner must be given notice of deficiencies and opportunity to amend prior to
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dismissing for failure to state a claim).
Accordingly, IT IS HEREBY ORDERED that this action is dismissed for failure to state
a claim upon which relief can be granted. The Clerk is directed to close this case.
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IT IS SO ORDERED.
Dated:
6i0kij
November 30, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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