(PC) Baker v. Jones et al, No. 2:2012cv00404 - Document 9 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/7/12 RECOMMENDING that this action be dismissed for failure to prosecute and for failure to state a claim. Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Baker v. Jones et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY W. BAKER, Plaintiff, 11 12 vs. 13 No. 2:12-cv-0404 WBS EFB P V. JONES, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 Plaintiff proceeds pro se with this civil action. This proceeding was referred to this court 16 17 by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). On June 25, 2012, the court dismissed 18 plaintiff’s complaint for failure to state a cognizable claim. The dismissal order explained the 19 complaint’s deficiencies, gave plaintiff 30 days to file an amended complaint correcting those 20 deficiencies, and warned plaintiff that failure to file an amended complaint would result in a 21 recommendation that this action be dismissed as frivolous and for failure to state a claim. 22 The 30-day period has expired and plaintiff has not filed an amended complaint or 23 otherwise responded to the court’s order. 24 //// 25 //// 26 //// 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that this action be DISMISSED for failure to prosecute and for failure to state a claim. Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915A(b). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: August 7, 2012. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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