-BAM (PC) McClendon v. Ugwueze et al, No. 1:2011cv01009 - Document 10 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS Recommending This Action be Dismissed, With Prejudice, For Failure to State a Claim re 1 , signed by Magistrate Judge Barbara A. McAuliffe on 7/30/12. Referred to Judge O'Neill; Objections Due Within Twenty-Days. (Gonzalez, R)

Download PDF
-BAM (PC) McClendon v. Ugwueze et al Doc. 10 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DEMITRIUS McCLENDON, 10 11 12 CASE NO. 1:11-cv–01009-LJO-BAM PC Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM v. GODWIN UGWUEZE, et al., OBJECTIONS DUE WITHIN TWENTY-DAYS 13 Defendants. / 14 15 Plaintiff Demitrius McClendon is a state prisoner proceeding pro se and in forma pauperis 16 in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on June 17, 2011. An 17 order issued on June 11, 2012, dismissing the complaint, with leave to file an amended complaint 18 within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was warned that if he failed 19 to file an amended complaint in compliance with the order, this action would be dismissed, with 20 prejudice, for failure to state any claims. More than thirty days have passed and Plaintiff has not 21 complied with or otherwise responded to the Court’s order. As a result, there is no pleading on file 22 which sets forth any claims upon which relief may be granted. 23 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY 24 RECOMMENDED that this action BE DISMISSED, with prejudice, based on Plaintiff’s failure to 25 state any claims upon which relief may be granted. 26 These findings and recommendations will be submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within twenty (20) 28 days after being served with these findings and recommendations, Plaintiff may file written 1 Dockets.Justia.com 1 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 4 1153 (9th Cir. 1991). 5 6 IT IS SO ORDERED. Dated: 10c20k July 30, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.