-SKO (PC) Roberson, Jr. v. Cate et al, No. 1:2010cv02362 - Document 10 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sheila K. Oberto on 2/2/2012 recommending that 1 Prisoner Civil Rights Complaint filed by Sean A. Roberson, Jr. be Dismissed. Referred to Judge Lawrence J. O'Neill; Objections to F&R due by 2/21/2012. (Lundstrom, T)

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-SKO (PC) Roberson, Jr. v. Cate et al Doc. 10 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SEAN A. ROBERSON, JR., 10 11 12 13 CASE NO. 1:10-cv-02362-LJO-SKO PC Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED v. DIRECTOR OF CORRECTIONS, et al., Defendants. (Doc. 9) 14 OBJECTIONS DUE WITHIN FIFTEEN DAYS / 15 16 Plaintiff Sean A. Roberson, Jr., a state prisoner proceeding pro se and in forma pauperis, filed 17 this civil rights action pursuant to 42 U.S.C. § 1983 on December 20, 2010. On December 13, 2011, 18 the undersigned dismissed Plaintiff’s complaint for failure to state a claim upon which relief may 19 be granted and ordered Plaintiff to file an amended complaint within thirty (30) days. 28 U.S.C. § 20 1915A; 28 U.S.C. § 1915(e). To date, Plaintiff has not complied with or otherwise responded to the 21 Court’s order. As a result, there is no pleading on file which sets forth any claims upon which relief 22 may be granted under section 1983. 23 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the undersigned 24 HEREBY RECOMMENDS that this action be dismissed, with prejudice, based on Plaintiff’s failure 25 to state any claims upon which relief may be granted under section 1983. 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 fifteen (15) 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 7 8 IT IS SO ORDERED. 9 Dated: ie14hj February 2, 2012 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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