-GBC (PC) West v. Clance, No. 1:2011cv00851 - Document 14 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS Recommending Dismissal of 6 Action, with Prejudice, for Failure to State a Claim upon which Relief may be Granted signed by Magistrate Judge Gerald B. Cohn on 12/14/2011. Referred to Judge O'Neill; Objections to F&R due by 1/6/2012. (Flores, E)
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-GBC (PC) West v. Clance Doc. 14 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOHN E. WEST, 10 CASE NO. 1:11-cv-00851-LJO-GBC (PC) Plaintiff, 11 v. 12 A. LOPEZ, et al., 13 FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED Defendants. / OBJECTIONS DUE WITHIN TWENTY DAYS 14 15 On May 23, 2011, Plaintiff John E. West (“Plaintiff”), a state prisoner proceeding pro se and 16 in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On October 6, 2011, 17 the undersigned dismissed Plaintiff’s complaint for failure to state a claim upon which relief may 18 be granted and ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. §§ 1915A 19 and 1915(e). To date, Plaintiff has not complied with or otherwise responded to the Court’s order. 20 As a result, there is no pleading on file that sets forth any claims upon which relief may be granted 21 under § 1983. 22 Accordingly, pursuant to 28 U.S.C. §§ 1915A and 1915(e), the undersigned HEREBY 23 RECOMMENDS that this action be DISMISSED, with prejudice, based on Plaintiff’s failure to state 24 any claims upon which relief may be granted under § 1983. 25 // 26 // 27 // 28 // Page 1 of 2 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 28 U.S.C. § 636(b)(l). Within twenty (20) days 3 after being served with these Findings and Recommendations, Plaintiff may file written objections 4 with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 6 waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 8 IT IS SO ORDERED. 9 10 Dated: 0jh02o December 14, 2011 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2