IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 19, 2010
KENNETH BUFORD POLLARD, III, PLAINTIFF,
CDC SOLANO STATE PRISON MEDICAL FACILITY, ET AL., DEFENDANTS.
Plaintiff is a former prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).
On December 3, 2009, the court dismissed plaintiff's complaint for failure to state a claim upon which relief could be granted, explained the complaint's deficiencies, gave plaintiff 30 days to file an amended complaint correcting those deficiencies and warned plaintiff that failure to file an amended complaint would result in a recommendation that this action be dismissed. Thereafter, plaintiff filed two requests for extensions of time to file an amended complaint. Dckt. No. 25, 27. The court granted both requests.*fn1 Dckt. No. 26, 28. The time for acting has passed, however, and plaintiff has not filed an amended complaint.*fn2
Accordingly, it is hereby ORDERED that this action is dismissed for failure to state a claim upon which relief could be granted and all outstanding motions are denied. See 28 U.S.C. § 1915A(b)(1).