(PC)Lee v. Harrington, No. 1:2009cv01559 - Document 12 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gerald B. Cohn on 2/25/2011 recommending that 1] Prisoner Civil Rights Complaint be DISMISSED with prejudice. Referred to Judge Lawrence J. O'Neill; Objections to F&R due by 3/31/2011. (Lundstrom, T)

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(PC)Lee v. Harrington Doc. 12 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JERMAINE LEE, 10 Plaintiff, 11 12 CASE NO. 1:09-cv-01559-LJO-GBC PC FINDINGS AND RECOMMENDATIONS RECOMMENDING THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM v. K. HARRINGTON, OBJECTIONS DUE WITHIN THIRTY-DAYS 13 Defendant. / 14 15 I. Screening Requirement 16 Plaintiff Jermaine Lee (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 17 in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on September 3, 2009. 18 On order was issued on January 6, 2011, dismissing the complaint, with leave to file an amended 19 complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was warned that 20 if he failed to file an amended complaint in compliance with the order, this action would be 21 dismissed, with prejudice, for failure to state any claims. More than thirty days have passed and 22 Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there is no 23 pleading on file which sets forth any claims upon which relief may be granted. 24 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY 25 RECOMMENDED that this action BE DISMISSED, with prejudice, based on Plaintiff’s failure to 26 state any claims upon which relief may be granted. 27 These findings and recommendations will be submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, Plaintiff may file written 2 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 5 1153 (9th Cir. 1991). 6 IT IS SO ORDERED. 7 8 Dated: cm411 February 25, 2011 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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