(PC)Gholston v. Adams, No. 1:2009cv01343 - Document 20 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS recommending Dismissing 16 Action, with Prejudice, for Failure to State a Claim; Objections Due within Twenty Days signed by Magistrate Judge Gerald B. Cohn on 2/25/2011. Referred to Judge Oliver W. Wanger. Objections to F&R due by 3/21/2011. (Sant Agata, S)

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(PC)Gholston v. Adams Doc. 20 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JESSE GHOLSTON, 10 Plaintiff, 11 12 CASE NO. 1:09-cv-01343-OWW-GBC PC FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM v. DERRAL G. ADAMS, et al., OBJECTIONS DUE WITHIN TWENTY-DAYS 13 Defendants. / 14 15 Plaintiff Jesse Gholston (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on July 31, 17 2009. 18 An order was issued on January 5, 2011, dismissing the complaint, with leave to file an 19 amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was 20 warned that if he failed to file an amended complaint in compliance with the order, this action would 21 be dismissed, with prejudice, for failure to state any claims. 22 More than thirty days have passed and Plaintiff has not complied with or otherwise responded 23 to the Court’s order. As a result, there is no pleading on file which sets forth any claims upon which 24 relief may be granted. 25 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY 26 RECOMMENDED that this action be DISMISSED, with prejudice, based on Plaintiff’s failure to 27 state any claims upon which relief may be granted. 28 These findings and recommendations will be submitted to the United States District Judge 1 Dockets.Justia.com 1 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within twenty (20) 2 days after being served with these findings and recommendations, Plaintiff may file written 3 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 4 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 5 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 6 1153 (9th Cir. 1991). 7 IT IS SO ORDERED. 8 9 Dated: cm411 February 25, 2011 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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