(PC) Schorr v. Mims et al, No. 1:2011cv00886 - Document 19 (E.D. Cal. 2012)

Court Description: FINDINGS And RECOMMENDATIONS Recommending Dismissing Action With Prejudice For Failure To State A Claim (Doc. 1 ), Objections Due In Fourteen Days, signed by Magistrate Judge Gerald B. Cohn on 11/29/2012. F&R's referred to Judge Lawrence J. O'Neill; Objections to F&R due by 12/17/2012. (Fahrney, E)

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(PC) Schorr v. Mims et al Doc. 19 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MATTHEW PATRICK SCHORR, 10 Plaintiff, 11 12 CASE NO. 1:11-cv-00886-LJO-GBC (PC) FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM v. MARGARET MIMS, (Doc. 1) 13 Defendants. OBJECTIONS DUE IN FOURTEEN DAYS 14 15 / 16 I. Procedural History 17 Matthew Patrick Schorr (“Plaintiff”) is a federal prisoner proceeding pro se and in forma 18 pauperis, in this civil rights action pursuant to 42 U.S.C. § 1983. On June 1, 2011, Plaintiff filed the 19 complaint in this action. Doc. 1. On September 24, 2012, the Court dismissed the action for failure 20 to state a claim and gave Plaintiff leave to amend. Doc. 16. On November 2, 2012, the Court 21 granted Plaintiff’s motion for extension of time to file an amended complaint and gave Plaintiff 22 twenty-one days to file an amended complaint. Doc. 18. 23 On September 24, 2012, the Court warned Plaintiff that if he failed to file an amended 24 complaint in compliance with the order, this action would be dismissed, with prejudice, for failure 25 to state any claims. The deadline to file an amended complaint has passed and Plaintiff has not 26 complied with or otherwise responded to the Court’s order. As a result, there is no pleading on file 27 which sets forth any claims upon which relief may be granted. 28 1 Dockets.Justia.com 1 2 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the Court HEREBY RECOMMENDS that: 3 1. 4 this action be DISMISSED, with prejudice, based on Plaintiff’s failure to state any claims upon which relief may be granted (Doc. 1; Doc. 16); and 5 2. The Clerk’s Office be directed to enter judgment against Plaintiff. 6 7 These Findings and Recommendations will be submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen (14) 9 days after being served with these Findings and Recommendations, Plaintiff may file written 10 objections with the Court. The document should be captioned "Objections to Magistrate Judge's 11 Findings and Recommendations." Plaintiff is advised that failure to file objections within the 12 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 13 1153 (9th Cir. 1991). 14 15 IT IS SO ORDERED. 16 17 Dated: 0jh02o November 29, 2012 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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