(PC) Medley v. Cooper, No. 1:2007cv01774 - Document 13 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING in FULL the FINDINGS and RECOMMENDATIONS 12 , signed by Chief Judge Anthony W. Ishii on 1/30/09: This action is DISMISSED, with prejudice, based on Plaintiff's failure to state any claims upon which relief may be granted under section 1983. (CASE CLOSED)(Hellings, J)

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(PC) Medley v. Cooper Doc. 13 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LAURA L. MEDLEY, 10 11 12 13 CASE NO. 1:07-cv-01774-AWI DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED Defendant. (Doc. 12) v. N. COOPER, 14 / 15 16 Plaintiff Laura Medley (“plaintiff”) is a former state prisoner proceeding pro se in this civil 17 rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 19 On October 22, 2008, the Magistrate Judge filed a Findings and Recommendations that 20 recommended the action be dismissed for Plaintiff’s failure to state a claim. The Findings and 21 Recommendations were served on plaintiff and contained notice to plaintiff that any objection to 22 the Findings and Recommendations was to be filed within thirty days. Plaintiff did not file a timely 23 Objection to the Findings and Recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de 25 novo review of this case. Having carefully reviewed the entire file, the court finds the Findings and 26 Recommendations to be supported by the record and by proper analysis. On August 26, 2008, the 27 court found that the original complaint did not state a claim, court gave Plaintiff notice of the 28 complaint's pleading deficiencies, and granted Plaintiff an opportunity to amend. See Lopez v. 1 Dockets.Justia.com 1 Smith, 203 F.3d 1122 (9th Cir. 2000) (if court determines that complaint fails to state claim, leave 2 to amend may be granted to extent that complaint's deficiencies can be cured); Noll v. Carlson, 809 3 F. 2d 1446, 1448 (9th Cir. 1987) (prisoner must be given notice of deficiencies and opportunity to 4 amend prior to dismissing for failure to state a claim). Because Plaintiff never filed an amended 5 complaint, this action is subject to dismissal for Plaintiff's failure to state a claim as set forth in the 6 court’s August 26, 2008 order dismissing the complaint for failure to state a claim. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations, filed October 22, 2008, is adopted in full; and 9 2. This action be dismissed, with prejudice, based on Plaintiff’s failure to state any 10 claims upon which relief may be granted under section 1983. 11 12 IT IS SO ORDERED. 13 Dated: 0m8i78 January 30, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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