-SMS (PC) Antonio P. Youmans v. Gardner et al, No. 1:2011cv00240 - Document 14 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS Recommending This Action Be Dismissed, With Prejudice, For Failure to State A Claim 1 , signed by Magistrate Judge Sandra M. Snyder on 5/9/11. Referred to Judge O'Neill. Objections Due Within Thirty Days. (Gonzalez, R)
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-SMS (PC) Antonio P. Youmans v. Gardner et al Doc. 14 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ANTONIO P. YOUMANS, 10 11 12 CASE NO. 1:11-cv-00240-LJO-SMS PC Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM v. W. GARDNER, et al., OBJECTIONS DUE WITHIN THIRTY DAYS 13 Defendants. / 14 15 Plaintiff Antonio P. Youmans (“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 requesting 17 class certification on May 5, 2010. On February 15, 2011, an order was issued denying Plaintiffs’ 18 motion for class certification. On March 11, 2011, an order issued dismissing the complaint with 19 leave to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). 20 Plaintiff was warned that if he failed to file an amended complaint in compliance with the order, this 21 action would be dismissed, with prejudice, for failure to state any claims. More than thirty days have 22 passed and Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, 23 there is no pleading on file which sets forth any claims upon which relief may be granted. 24 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY 25 RECOMMENDED that this action BE DISMISSED, with prejudice, based on Plaintiff’s failure to 26 state any claims upon which relief may be granted. 27 These findings and recommendations will be submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, Plaintiff may file written 2 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 5 1153 (9th Cir. 1991). 6 7 8 9 IT IS SO ORDERED. Dated: icido3 May 9, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2