(PC) Vanderwerff v. Allison et al, No. 1:2013cv00521 - Document 17 (E.D. Cal. 2014)

Court Description: FINDINGS and RECOMMENDATIONS Regarding Dismissal of Action for Failure to State a Claim 1 , signed by Magistrate Judge Barbara A. McAuliffe on 6/6/14: Fourteen-Day Deadline.(Hellings, J)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 CHRISTOPHER EVAN VANDERWERFF, 10 11 12 13 Plaintiff, v. K. ALLISON, et al., Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) 1:13-cv-00521-LJO-BAM (PC) FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION FOR FAILURE TO STATE A CLAIM FOURTEEN-DAY DEADLINE 15 16 Plaintiff Christopher Evan Vanderwerff (“Plaintiff”) is a state prisoner proceeding pro se 17 and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated 18 this action on February 13, 2013. 19 On April 25, 2014, the Court dismissed Plaintiff’s complaint for failure to state a claim, 20 with leave to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 21 1915(e). Plaintiff was warned that if he failed to file an amended complaint in compliance with 22 the order, this action would be dismissed for failure to state a claim. 23 The deadline for Plaintiff to file his amended complaint has passed and Plaintiff has not 24 complied with or otherwise responded to the Court’s order. As a result, there is no pleading on 25 file which sets forth any claims upon which relief may be granted. 26 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), IT IS HEREBY 27 RECOMMENDED that this action be dismissed based on Plaintiff’s failure to state any claims 28 upon which relief may be granted. 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 fourteen (14) 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 IT IS SO ORDERED. 9 Dated: /s/ Barbara June 6, 2014 10 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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