(PC) Brown v. Villa et al, No. 1:2007cv01255 - Document 17 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS Recommending that This Action Be Dismissed, With Prejudice, For Failure to State a Claim Upon Which Relief May Be Granted signed by Magistrate Judge Sandra M. Snyder on 10/22/2009. Referred to Judge Oliver W. Wanger; Objections to F&R due by 11/25/2009. (Sondheim, M)

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(PC) Brown v. Villa et al Doc. 17 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 BRYANT KEITH BROWN, 10 11 12 1:07-cv-01255-OWW-SMS-PC Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (Doc. 12.) v. SIMON T. VILLA, et al., 13 Defendants. OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS 14 / 15 16 Plaintiff Bryant Keith Brown (“Plaintiff”) is a state prisoner proceeding pro se in this civil 17 rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on August 30, 2007. (Doc. 1.) 18 On July 24, 2008, Plaintiff filed an amended complaint. (Doc. 12.) 19 On August 26, 2009, the undersigned dismissed Plaintiff’s amended complaint for failure to 20 state a claim upon which relief may be granted and gave Plaintiff leave to file a second amended 21 complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). (Doc.16.) More than fifty 22 days have passed, and Plaintiff has not complied with or otherwise responded to the Court’s order. 23 As a result, there is no pleading on file which sets forth any claims upon which relief may be granted 24 under section 1983. 25 26 27 28 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the undersigned HEREBY RECOMMENDS: 1. This action be dismissed, with prejudice, based on Plaintiff’s failure to state any claims upon which relief may be granted under section 1983; and 1 Dockets.Justia.com 1 2. The Clerk be DIRECTED to close this case. 2 These Findings and Recommendations will be submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) 4 days after being served with these Findings and Recommendations, Plaintiff may file written 5 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 6 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 7 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 8 1153 (9th Cir. 1991). 9 10 IT IS SO ORDERED. 11 Dated: icido3 October 22, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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