UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 27, 2011
MICHAEL DAVID GRANT, SR.,
WARDEN, ET AL.,
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.
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