(PC)Williams v. California Department of Corrections & Rehabilitation et al, No. 1:2008cv01713 - Document 11 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS, signed by Magistrate Judge Sandra M. Snyder on 1/10/10: Recommending that this action be dismissed, with prejudice, based on Plaintiff's failure to state any claims which relief may be granted under section 1983; and The Clerk be DIRECTED to close this case re 1 Prisoner Civil Rights Complaint filed by Kashley Roy Williams; Objections to F&R due by 2/16/2010. (Hellings, J)

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(PC)Williams v. California Department of Corrections & Rehabilitation et al Doc. 11 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 KASHLEY ROY WILLIAMS, 11 Plaintiff, 12 13 14 1:08-cv-01713-AWI-SMS-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. 1.) v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 15 OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS Defendants. 16 / 17 18 Plaintiff Kashley Roy Williams (“Plaintiff”) is a state prisoner proceeding pro se in this civil 19 rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on November 10, 2008. (Doc. 20 1.) On November 10, 2009, the undersigned dismissed Plaintiff’s complaint for failure to state a 21 claim upon which relief may be granted and gave Plaintiff leave to file an amended complaint within 22 thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). (Doc. 8.) To date, Plaintiff has not complied 23 with or otherwise responded to the Court’s order. As a result, there is no pleading on file which sets 24 forth any claims upon which relief may be granted under section 1983. 25 26 27 28 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the undersigned HEREBY RECOMMENDS that: 1. This action be dismissed, with prejudice, based on Plaintiff’s failure to state any claims upon which relief may be granted under section 1983; and 1 Dockets.Justia.com 1 2. The Clerk be DIRECTED to close this case. 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 11 IT IS SO ORDERED. 12 Dated: icido3 January 10, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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