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James E. Bryant v. Ken Clark

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 25, 2011

JAMES E. BRYANT,
PLAINTIFF,
v.
KEN CLARK, ET AL., ORDER COUNTING DISMISSAL AS A DEFENDANTS.

STRIKE UNDER 28 U.S.C. § 1915(G)

ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM (Doc. 1)

I. Screening Requirement

Plaintiff James E. Bryant ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The action was filed on July 23, 2009. An order was issued on January 5, 2011, dismissing the complaint, with leave to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was warned that if he failed to file an amended complaint in compliance with the order, this action would be dismissed, with prejudice, for failure to state any claims.

More than thirty days have passed and Plaintiff has not complied with or otherwise responded to the Court's order. As a result, there is no pleading on file which sets forth any claims upon which relief may be granted.

Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is HEREBY DISMISSED, with prejudice, based on Plaintiff's failure to state any claims upon which relief may be granted. The Clerk's Office SHALL enter judgment against Plaintiff. This dismissal SHALL count as a strike under 28 U.S.C. § 1915(g).

IT IS SO ORDERED.

cm411 UNITED STATES MAGISTRATE JUDGE

20110225

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