(PC) Martinez v. Tilton et al, No. 1:2008cv01777 - Document 18 (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 re 14 ; Objections, if any, due Within Thirty Days signed by Magistrate Judge Sandra M. Snyder on 1/25/2010. Referred to Judge Anthony W. Ishii. Objections to F&R due by 3/1/2010. (Bradley, A)

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(PC) Martinez v. Tilton et al Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PATRICK A. MARTINEZ, 12 13 14 15 1:08-cv-01777-AWI-SMS-PC Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (Doc. 14.) v. JIM TILTON, et al., Defendants. OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS 16 / 17 18 Plaintiff Patrick A. Martinez (“Plaintiff”) is a state prisoner proceeding pro se in this civil 19 rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on 20 November 20, 2008. (Doc. 1.) 21 On August 12, 2009, the undersigned dismissed Plaintiff’s complaint for failure to state a 22 claim upon which relief may be granted and gave Plaintiff leave to file an amended complaint. (Doc. 23 9.) U.S.C. § 1915A; 28 U.S.C. § 1915(e). On November 6, 2009, Plaintiff filed the First Amended 24 Complaint. (Doc. 14.) On November 13, 2009, the undersigned dismissed Plaintiff’s First Amended 25 Complaint for failure to state a claim upon which relief may be granted and gave Plaintiff leave to 26 file a Second Amended Complaint within thirty days. (Doc. 15.) On November 19, 2009, the Court 27 extended Plaintiff's time, granting Plaintiff thirty days from the date of service of the order in which 28 to file the Second Amended Complaint. (Doc. 17.) U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date, 1 Dockets.Justia.com 1 Plaintiff has not complied with the Court’s order. As a result, there is no pleading on file which sets 2 forth any claims upon which relief may be granted under section 1983. 3 4 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the undersigned HEREBY RECOMMENDS that: 5 1. 6 This action be dismissed, with prejudice, based on Plaintiff’s failure to state any claims upon which relief may be granted under section 1983; and 7 2. The Clerk be DIRECTED to close this case. 8 These Findings and Recommendations will be submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) 10 days after being served with these Findings and Recommendations, Plaintiff may file written 11 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 12 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 13 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 14 1153 (9th Cir. 1991). 15 IT IS SO ORDERED. 16 Dated: icido3 January 25, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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