-GSA (PC)Fuller v. Hedgpeth et al, No. 1:2010cv01929 - Document 12 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gary S. Austin on 1/6/2012 recommending that 1 Prisoner Civil Rights Complaint be DISMISSED with prejudice. Referred to Judge Anthony W. Ishii; Objections to F&R due by 2/9/2012. (Lundstrom, T)

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-GSA (PC)Fuller v. Hedgpeth et al Doc. 12 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 BOBBY W. FULLER, 11 Plaintiff, 12 13 1:10-cv-01929-AWI-GSA-PC FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER SECTION 1983 (Doc. 1) v. A. HEDGPETH, et al., 14 Defendants. 15 OBJECTIONS, IF ANY, DUE IN 30 DAYS / 16 17 I. FINDINGS 18 Plaintiff Bobby W. Fuller, a state prisoner proceeding pro se and in forma pauperis, filed this 19 civil rights action pursuant to 42 U.S.C. § 1983 on October 15, 2010. On November 18, 2011, the 20 Court dismissed Plaintiff’s complaint for failure to state a claim and ordered Plaintiff to file an 21 amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff filed a 22 motion for summary judgment on November 30, 2011; however, Plaintiff has not complied with the 23 Court’s order to file an amended complaint. As a result, there is no pleading on file which sets forth 24 any claims upon which relief may be granted. 25 II. CONCLUSION AND RECOMMENDATIONS 26 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY 27 RECOMMENDED that this action be dismissed, with prejudice, based on Plaintiff’s failure to state 28 a claim 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 10 IT IS SO ORDERED. Dated: 6i0kij January 6, 2012 /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

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