(PC) Wilhelm v. Woodford, No. 1:2012cv00386 - Document 23 (E.D. Cal. 2013)

Court Description: FINDINGS and RECOMMENDATIONS Recommending Dismissal of Action for Failure to State a Cognizable Claim for Relief, signed by Magistrate Judge Stanley A. Boone on 11/4/2013, referred to Judge Ishii. Objections to F&R Within Fifteen Days. (Marrujo, C)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVE WILHELM, 12 Case No. 1:12-cv-00386-AWI-SAB Plaintiff, 13 FINDINGS AND RECOMMENDATION RECOMMENDING DISMISSAL OF ACTION FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF v. 14 JEANNIE WOODFORD, 15 Defendant. [ECF No. 16] 16 17 Plaintiff Steve Wilhelm is appearing pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. 19 On September 10, 2013, the undersigned dismissed Plaintiff’s first amended complaint 20 for failure to state a claim upon which relief may be granted and ordered Plaintiff to file an 21 amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date, 22 Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there is 23 no pleading on file which sets forth any claims upon which relief may be granted under section 24 1983. 25 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the undersigned 26 HEREBY RECOMMENDS that this action be dismissed, with prejudice, based on Plaintiff’s 27 failure to state any claims upon which relief may be granted under section 1983. 28 /// 1 1 These Findings and Recommendations will be submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 3 fifteen (15) days after being served with these Findings and Recommendations, Plaintiff may file 4 written objections with the Court. The document should be captioned “Objections to Magistrate 5 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 6 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 7 Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 9 IT IS SO ORDERED. 10 11 Dated: November 4, 2013 _ _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2