(PC) Mason v. Hartley et al, No. 1:2008cv00197 - Document 11 (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 9 , signed by Magistrate Judge Gary S. Austin on 4/20/11. Referred to Judge O'Neill. Objections, If Any, Due Within Thirty Days. (Gonzalez, R)
Download PDF
(PC) Mason v. Hartley et al Doc. 11 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ROY A. MASON, 11 1:08-cv-00197-LJO-GSA-PC Plaintiff, 12 v. 13 FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (Doc. 9. HARTLEY, et al., 14 Defendants. OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS 15 / 16 17 Roy A. Mason (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action 18 pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on February 8, 2008, and on July 22, 2009, 19 Plaintiff filed the First Amended Complaint. (Docs. 1, 9.) 20 On March 3, 2011, the undersigned dismissed Plaintiff’s First Amended Complaint for 21 failure to state a claim upon which relief may be granted and gave Plaintiff leave to file a Second 22 Amended Complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). (Doc.10.) To 23 date, Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there 24 is no pleading on file which sets forth any claims upon which relief may be granted under section 25 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 IT IS SO ORDERED. 10 Dated: 6i0kij April 20, 2011 /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