(PC) Williams v. California Department of Corrections and Rehabilitation, No. 1:2013cv01310 - Document 10 (E.D. Cal. 2013)

Court Description: FINDINGS and RECOMMENDATIONS Recommending to Dismiss This Action, With Prejudice, for Failure to State a Claim 6 THIRTY-DAY DEADLINE, signed by Magistrate Judge Dennis L. Beck on 11/21/13. (Hellings, J)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LONNIE WILLIAMS, 11 Plaintiff, 12 13 14 v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, 15 Case No. 1:13-cv-01310-LJO-DLB PC FINDINGS AND RECOMMENDATIONS RECOMMENDING TO DISMIS THIS ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM (ECF No. 6) Defendant. 16 Plaintiff Lonnie Williams (“Plaintiff”) is a prisoner in the custody of the California 17 18 Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in 19 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 26, 2013, the 20 Court issued an order dismissing the complaint, with leave to amend, for failure to state a claim. 21 (ECF No. 6.) Plaintiff was given thirty days to file an amended complaint and was cautioned that 22 the failure to do so would result in the dismissal of this action for failure to state a claim. Id. More 23 than thirty days has passed, and Plaintiff has not complied with or otherwise responded to the 24 Court’s order. As a result, there is no pleading on file which sets forth any claims upon which relief 25 may be granted. 26 /// 27 /// 28 /// 1 1 2 3 Accordingly, it is HEREBY RECOMMENDED that this action be dismissed, with prejudice, based on Plaintiff’s failure to state a claim. These Findings and Recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty (30) days after 5 being served with these Findings and Recommendations, the parties may file written objections with 6 the court. Such a document should be captioned “Objections to Magistrate Judge's Findings and 7 Recommendations.” The parties are advised that failure to file objections within the specified time 8 may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th 9 Cir. 1991). 10 11 12 13 14 IT IS SO ORDERED. Dated: /s/ Dennis November 21, 2013 L. Beck UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 3b142a 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.