(PC) Uhlman v. Suryadevara et al, No. 1:2008cv00223 - Document 10 (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 7 , signed by Magistrate Judge Gary S. Austin on 4/20/11. Referred to Judge Ishii. Objections, If Any, Due Within Thirty Days. (Gonzalez, R)
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(PC) Uhlman v. Suryadevara et al Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JACQUELYN UHLMAN, 12 13 14 15 1:08-cv-00223-AWI-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. 7.) v. SURYADEVARA, et al., Defendants. OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS 16 / 17 18 Jacquelyn Uhlman (“Plaintiff”) is a former state prisoner proceeding pro se in this civil 19 rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on February 13, 2008, and on 20 August 18, 2009, Plaintiff filed an Amended Complaint. (Docs. 1, 7.) 21 On March 3, 2011, the undersigned dismissed Plaintiff’s Amended Complaint for failure to 22 state a claim upon which relief may be granted and gave Plaintiff leave to file a Second Amended 23 Complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). (Doc.9.) To date, Plaintiff 24 has not complied with or otherwise responded to the Court’s order. As a result, there is no pleading 25 on file which sets forth 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 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