Hughes v. County of Kern et al, No. 1:2009cv02224 - Document 8 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS recommending that the Complaint 1 be DISMISSED, with prejudice, for failure to state a claim re 1 Complaint filed by Aaron Tyler Hughes, signed by Magistrate Judge Jennifer L. Thurston on 3/1/2010. Objections to F&R due by 3/18/2010. (Arellano, S.)

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Hughes v. County of Kern et al Doc. 8 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 AARON TYLER HUGHES, ) ) Plaintiff, ) ) vs. ) ) COUNTY OF KERN, KERN COUNTY, ) SHERIFF’S DEPARTMENT, ) ) ) ) ) ) Defendants. ) _________ _______________________ ) Case No. 1:09-cv-2224-LJO-JLT FINDINGS AND RECOMMENDATIONS DISMISSING COMPLAINT WITH PREJUDICE 19 20 Plaintiff is a prisoner proceeding in forma pauperis with a civil rights action pursuant to 21 42 U.S.C. § 1983. The matter was referred to the Magistrate Judge pursuant to 28 U.S.C. § 22 636(b) and Local Rules 302 and 304. 23 On January 25, 2010, the Court ordered the complaint dismissed with leave to amend due 24 to the vagueness of the complaint which prevented Plaintiff from stating a viable claim for 25 excessive force. (Doc. 7). The order granted Plaintiff 30 days leave in which to file an amended 26 complaint. (Id.) The order was served on Plaintiff on January 25, 2010. Although the time for 27 filing the amended complaint has passed, Plaintiff has not filed an amended complaint nor sought Dockets.Justia.com 1 an extension of time within which to do so. 2 RECOMMENDATION 3 Based on the foregoing, the Court recommends, 4 1. 5 6 That the complaint (Doc. 1) be DISMISSED, with prejudice, for failure to state a claim. These Findings and Recommendations are submitted to the United States District Judge 7 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the 8 Local Rules for the United States District Court, Eastern District of California. Within fourteen 9 (14) days after being served with a copy, any party may file written objections with the Court and 10 serve a copy on all parties. Such a document should be captioned “Objections to Magistrate 11 Judge’s Findings and Recommendations.” Replies to the objections shall be filed within seven 12 (7) days after service of the objections. The District Judge will then review the Magistrate 13 Judge’s ruling pursuant to 28 U.S.C. § 636(b)(1)(C). Failure to file objections within the 14 specified time may waive the right to appeal the District Judge’s order. Martinez v. Ylst, 951 15 F.2d 1153 (9th Cir. 1991). 16 17 IT IS SO ORDERED. 18 Dated: March 1, 2010 9j7khi 19 20 21 22 23 24 25 26 27 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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