(PC) Jones v. Allison, No. 1:2012cv01530 - Document 8 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS Recommending Dismissing Action With Prejudice for Failure to State a Claim re 1 , signed by Magistrate Judge Gerald B. Cohn on 11/30/12. Referred to Judge Ishii. Objections Due in Fourteen Days. (Gonzalez, R)

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(PC) Jones v. Allison Doc. 8 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SINGA R. JONES, CASE NO. 1:12-cv-01530-AWI-GBC (PC) 10 FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM Plaintiff, 11 v. 12 K. ALLISON, et al., (Doc. 1; Doc. 4) 13 14 Defendants. 15 OBJECTIONS DUE IN FOURTEEN DAYS / 16 I. Procedural History 17 Plaintiff Singa R. Jones (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. Doc. 1. On September 17, 2012, Plaintiff filed the original 19 complaint commencing this action. Doc. 1. On November 5, 2012, the Court screened the 20 complaint, dismissed for failure to state a claim and gave leave to file an amended complaint within 21 twenty-one days. Doc. 4. 22 On November 5, 2012, the Court warned Plaintiff that if he failed to file an amended 23 complaint in compliance with the order, this action would be dismissed, with prejudice, for failure 24 to state any claims. The deadline to file an amended complaint has passed and Plaintiff has not 25 complied with or otherwise responded to the Court’s order. As a result, there is no pleading on file 26 which sets forth any claims upon which relief may be granted. 27 /// 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. 4); 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 30, 2012 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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