(PC) Tanksley v. Blackwell et al, No. 1:2008cv00093 - Document 15 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gerald B. Cohn on 12/30/2010 recommending dismissal of 11 Amended Prisoner Civil Rights Complaint for failure to state a claim. Referred to Judge Oliver W. Wanger; Objections to F&R due by 1/24/2011. (Lundstrom, T)
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(PC) Tanksley v. Blackwell et al Doc. 15 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MOODY WOODROW TANKSLEY, 10 11 12 CASE NO. 1:08-cv-00093-OWW-GBC PC Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSING COMPLAINT, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM v. BLACKWELL, M.D., et al., (Doc. 11) 13 Defendants. TWENTY-DAY DEADLINE 14 / 15 16 Plaintiff Moody Woodrow Tanksley (“Plaintiff”) is a state prisoner proceeding pro se and 17 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. A first amended complaint 18 was filed on August 19, 2009. (Doc. 11.) On November 10, 2010, the amended complaint was 19 screened and dismissed for failure to state a claim upon which relief may be granted. (Doc. 14.) 20 Plaintiff was ordered to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. 21 § 1915(e). To date, Plaintiff has not complied with or otherwise responded to the Court’s order. As 22 a result, there is no pleading on file which sets forth any claims upon which relief may be granted 23 under section 1983. 24 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY 25 RECOMMENDED that this action be dismissed, with prejudice, based on Plaintiff’s failure to state 26 any claims upon which relief may be granted under section 1983. 27 These findings and recommendations will be submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within twenty (20) 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, Plaintiff may file written 2 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 5 1153 (9th Cir. 1991). 6 IT IS SO ORDERED. 7 8 Dated: cm411 December 30, 2010 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2