(PC) Williams v. Adams et al, No. 1:2007cv01591 - Document 9 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS, Recommending That This Action be Dismissed, With Prejudice, for Failure to State a Claim Upon Which Relief May be Granted, signed by Magistrate Judge Sandra M. Snyder on 2/5/2010. Referred to Judge Oliver W. Wanger; Objections to F&R due by 3/10/2010. (Sondheim, M)

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(PC) Williams v. Adams et al Doc. 9 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 BRAD A. WILLIAMS, 11 1:07-cv-01591-OWW-SMS-PC Plaintiff, 12 v. 13 FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (Doc. 8.) ADAMS, et al., 14 Defendants. OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS 15 / 16 17 Plaintiff Brad A. Williams (“Plaintiff”) is a former state prisoner proceeding pro se in this 18 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on November 1, 2007. 19 (Doc. 1.) 20 On December 4, 2009, the undersigned dismissed Plaintiff’s complaint for failure to state a 21 claim upon which relief may be granted and gave Plaintiff leave to file an amended complaint within 22 thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). (Doc. 8.) To date, Plaintiff has not complied 23 with or otherwise responded to the Court’s order. As a result, there is no pleading on file which sets 24 forth any claims upon which relief may be granted under section 1983. 25 26 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the undersigned HEREBY RECOMMENDS that: 27 This action be dismissed, with prejudice, based on Plaintiff’s failure to state any 28 claims upon which relief may be granted under section 1983. 1 Dockets.Justia.com 1 These Findings and Recommendations will be submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) 3 days after being served with these Findings and Recommendations, Plaintiff may file written 4 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 6 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 7 1153 (9th Cir. 1991). 8 9 10 IT IS SO ORDERED. Dated: icido3 February 5, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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