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Reginald Blount v. R. Toso

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 5, 2011

REGINALD BLOUNT, PLAINTIFF,
v.
R. TOSO, ET AL., DEFENDANTS.

ORDER

Reginald Blount, having been civilly committed to a state hospital as a mentally-disordered offender under California law, filed this pro se civil rights action 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 September 7, 2011, the court dismissed plaintiff's complaint with leave to amend on the ground it is barred by the favorable termination rule of Heck v. Humphrey, 512 U.S. 477 (1994). The dismissal order explained the complaint's deficiencies and gave plaintiff 30 days to file an amended complaint correcting those deficiencies. The 30-day period has expired and plaintiff has not filed an amended complaint or otherwise responded to the court's order.

Accordingly, it is hereby ordered that this action is DISMISSED for failure to state a claim.

20111205

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