-BAM (PC) Linthecome v. Junious et al, No. 1:2011cv00923 - Document 25 (E.D. Cal. 2012)

Court Description: FINDINGS And RECOMMENDATIONS Recommending This Action Be Dismissed, With Prejudice, For Failure To State A Claim, Objections Due Within Twenty-Days (Doc. 1 ), signed by Magistrate Judge Barbara A. McAuliffe on 7/24/2012. F&R's referred to Judge Anthony W. Ishii; Objections to F&R due by 8/16/2012. (Fahrney, E)

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-BAM (PC) Linthecome v. Junious et al Doc. 25 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MARCUS LEON LINTHECOME, 10 11 12 CASE NO. 1:11-cv-00923-AWI–BAM PC Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM v. MAURICE JUNIOUS, et al., OBJECTIONS DUE WITHIN TWENTY-DAYS 13 Defendants. / 14 15 Plaintiff Marcus Leon Linthecome is a former state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 26, 2012, Plaintiff’s 17 complaint was dismissed for failure to state a claim, with leave to amend. 28 U.S.C. § 1915A; 28 18 U.S.C. § 1915(e). On June 5, 2012, Plaintiff filed a first amended complaint. An order issued on 19 June 8, 2012, striking the first amended complaint for failing to comply with the Federal Rules of 20 Civil Procedure, with leave to file an amended complaint within thirty days. Plaintiff was warned 21 that if he failed to file an amended complaint in compliance with the order, this action would be 22 dismissed, with prejudice, for failure to state any claims. More than thirty days have passed and 23 Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there is no 24 pleading on file which sets forth any claims upon which relief may be granted. 25 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY 26 RECOMMENDED that this action BE DISMISSED, with prejudice, based on Plaintiff’s failure to 27 state any claims upon which relief may be granted. 28 These findings and recommendations will be submitted to the United States District Judge 1 Dockets.Justia.com 1 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within twenty (20) 2 days after being served with these findings and recommendations, Plaintiff may file written 3 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 4 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 5 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 6 1153 (9th Cir. 1991). 7 8 9 IT IS SO ORDERED. Dated: 10c20k July 24, 2012 /s/ Barbara A. McAuliffe 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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