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Michael David Grant, Sr v. Warden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 27, 2011

MICHAEL DAVID GRANT, SR.,
PLAINTIFF,
v.
WARDEN, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER DISMISSING IMPROPERLY JOINED CLAIM, AND DISMISSING ACTION FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER SECTION 1983 (Docs. 1 and 9) ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(G)

Plaintiff Michael David Grant, Sr., a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 7, 2010. On September 9, 2011, the Court dismissed Plaintiff's complaint for failure to state a claim and ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date, 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), it is HEREBY ORDERED that:

1. Plaintiff's claim against Defendant Uzzle is dismissed from this action, without prejudice, as improperly joined;

2. This action is dismissed for failure to state a claim upon which relief may be granted under section 1983 as follows:

a. Plaintiff's claim regarding the failure to properly apply time credits is dismissed, without prejudice; and

b. Plaintiff's First Amendment and Eighth Amendment claims are dismissed, with prejudice; and

3. This dismissal is subject to the "three-strikes" provision set forth in 28 U.S.C. § 1915(g). Silva v. Vittorio, No. 08-15620, 2011 WL 4436248, at *4 (9th Cir. Sept. 26, 2011).

IT IS SO ORDERED.

b9ed48

20111027

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