(PC) Ranzon v. State of California, et al, No. 1:2007cv01619 - Document 11 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS recommending that this Action be DISMISSED, With Prejudice, Based on Plaintiff's Failure to State Any Claims Upon Which Relief May Be Granted Under Section 1983 re 1 Complaint, signed by Magistrate Judge Gary S. Austin on 9/18/2009. Referred to Judge Wanger. Objections to F&R due by 10/21/2009. (Jessen, A)

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(PC) Ranzon v. State of California, et al Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MURRAND RANZON, 12 13 14 1:07-cv-01619-OWW-GSA-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. 1.) v. THE STATE OF CALIFORNIA, et al., 15 Defendants. OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS 16 / 17 18 Plaintiff Murrand Ranzon (“Plaintiff”) is a former state prisoner proceeding pro se in this 19 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on November 8, 2007. 20 (Doc. 1.) 21 On July 23, 2009, the undersigned dismissed Plaintiff’s complaint for failure to state a claim 22 upon which relief may be granted and gave Plaintiff leave to file an amended complaint within thirty 23 days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). (Doc.10.) To date, Plaintiff has not complied with 24 or otherwise responded to the Court’s order. As a result, there is no pleading on file which sets forth 25 any claims upon which relief may be granted under section 1983. 26 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the undersigned 27 HEREBY RECOMMENDS that this action be dismissed, with prejudice, based on Plaintiff’s failure 28 to state any claims upon which relief may be granted under section 1983. 1 Dockets.Justia.com 1 These Findings and Recommendations will be submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) 3 days after being served with these Findings and Recommendations, Plaintiff may file written 4 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 6 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 7 1153 (9th Cir. 1991). 8 9 10 IT IS SO ORDERED. Dated: 6i0kij September 18, 2009 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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