(PC) Valles v. Boparal et al, No. 1:2012cv01638 - Document 14 (E.D. Cal. 2013)

Court Description: FINDINGS and RECOMMENDATIONS Regarding Dismissal of Action for Failure to State a Claim 1 Twenty-One Day Deadline, signed by Magistrate Judge Barbara A. McAuliffe on 12/2/13. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER VALLES, 12 Plaintiff, 13 14 v. DR. BOPARAI, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:12-cv-01638-AWI-BAM PC FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION FOR FAILURE TO STATE A CLAIM TWENTY-ONE DAY DEADLINE Plaintiff Christopher Valles (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on October 5, 19 2012. On October 18, 2013, the Court dismissed Plaintiff’s complaint for failure to state a claim with 20 leave to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). 21 Plaintiff was warned that if he failed to file an amended complaint in compliance with the order, the 22 action would be dismissed with prejudice for failure to state a claim. More than thirty days have 23 passed and Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, 24 there is no pleading on file which sets forth any claims upon which relief may be granted. Accordingly, pursuant to 28 U.S.C. §1915A and 28 U.S.C. § 1915(e), it is HEREBY 25 26 RECOMMENDED that this action be dismissed with prejudice based on Plaintiff’s failure to state any 27 claims upon which relief may be granted. 28 /// 1 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 twenty-one (21) 3 days 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 9 10 IT IS SO ORDERED. Dated: /s/ Barbara December 2, 2013 A. McAuliffe _ 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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