-BAM (PC) Smith v. Coalinga State Hospital, No. 1:2010cv01676 - Document 13 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS Recommending that this 1 Action be Dismissed, with Prejudice, for Failure to State a Claim signed by Magistrate Judge Barbara A. McAuliffe on 01/19/2012. Referred to Judge Ishii; Objections to F&R due by 2/13/2012. (Flores, E)

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-BAM (PC) Smith v. Coalinga State Hospital Doc. 13 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MARK A. SMITH, 10 11 12 CASE NO. 1:10-cv-01676-AWI-BAM PC Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM v. COALINGA STATE HOSPITAL, OBJECTIONS DUE WITHIN TWENTY-DAYS 13 Defendant. / 14 15 Plaintiff Mark A. Smith (“Plaintiff”) is a civil detainee proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on September 17 7, 2010. An order was issued on November 30, 2011, dismissing the complaint, with leave to file 18 an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was 19 warned that if he failed to file an amended complaint in compliance with the order, this action would 20 be dismissed, with prejudice, for failure to state any claims. More than thirty days have passed and 21 Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there is no 22 pleading on file which sets forth any claims upon which relief may be granted. 23 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY 24 RECOMMENDED that this action BE DISMISSED, with prejudice, based on Plaintiff’s failure to 25 state any claims upon which relief may be granted. 26 These findings and recommendations will be submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within twenty (20) 28 days after being served with these findings and recommendations, Plaintiff may file written 1 Dockets.Justia.com 1 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 4 1153 (9th Cir. 1991). 5 6 IT IS SO ORDERED. Dated: 10c20k January 19, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 7 8 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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