(PC) Williams v. California Department of Corrections et al, No. 1:2007cv01855 - Document 23 (E.D. Cal. 2011)

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 20 ; Objections, If Any, Due Within Thirty Days, signed by Magistrate Judge Gary S. Austin on 5/23/11. (Hellings, J)
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(PC) Williams v. California Department of Corrections et al Doc. 23 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CLIFFORD J. WILLIAMS, 10 Plaintiff, 11 12 1:07-cv-01855-LJO-GSA-PC FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (Doc. 20.) v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 13 Defendants. OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS 14 15 / 16 Clifford J. Williams (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 17 action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on December 20, 2007. (Doc. 1.) 18 On March 30, 2011, the undersigned dismissed Plaintiff’s First Amended Complaint for 19 failure to state a claim upon which relief may be granted and gave Plaintiff leave to file a Second 20 Amended Complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). (Doc.22.) To 21 date, Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there 22 is no pleading on file which sets forth any claims upon which relief may be granted under section 23 1983. 24 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the undersigned 25 HEREBY RECOMMENDS that: 26 1. This action be dismissed, with prejudice, based on Plaintiff’s failure to state any 27 claims upon which relief may be granted under section 1983; and 28 1 Dockets.Justia.com 1 2. This dismissal count as a strike pursuant to 28 U.S.C. § 1915(g). 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: 6i0kij May 23, 2011 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2