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Andrew Ramirez v. R. Mayes

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


March 19, 2013

ANDREW RAMIREZ, PLAINTIFF,
v.
R. MAYES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, who seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff has consented to this court's jurisdiction. (Dkt. No. 9.)

On February 14, 2013, the court dismissed plaintiff's original complaint in this action with leave to amend, having determined that plaintiff failed to state an Eighth Amendment medical indifference claim on the facts alleged. (Dkt. No. 13.) Before the court is plaintiff's amended complaint filed March 6, 2012. (Dkt. No. 16.) Having reviewed the amended complaint, the court concludes that plaintiff has failed to cure the defects of the original complaint. Moreover, the amended complaint does not contain a short and plain statement of the claim as required by Rule 8 of the Federal Rules of Civil Procedure. (See Dkt. No. 13 at 3.)

As it appears that leave to amend a second time would be futile, the court will dismiss this action without prejudice.

Accordingly, IT IS HEREBY ORDERED that the amended complaint filed March 6, 2013 (Dkt. No. 16) is dismissed without prejudice.

20130319

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