(PC) Jenkins et al v. Davis et al, No. 1:2013cv01805 - Document 9 (E.D. Cal. 2014)
Court Description: FINDINGS and RECOMMENDATIONS Recommending Dismissal of Action, with Prejudice, for Failure to State a Cognizable Claim for Relief under Section 1983 signed by Magistrate Judge Stanley A. Boone on 06/09/2014. Referred to Judge O'Neill; Objections to F&R due by 6/27/2014. (Flores, E)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HAROLD JENKINS, 12 Plaintiff, 13 14 v. RON DAVIS, et al., 15 Defendants. 16 Case No.: 1:13-cv-01805-LJO-SAB (PC) FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF UNDER SECTION 1983 [ECF Nos. 1, 8] Plaintiff Harold Jenkins is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 17 18 ) ) ) ) ) ) ) ) ) ) 1983. On April 25, 2014, the undersigned dismissed Plaintiff’s complaint for failure to state a claim 19 20 upon which relief may be granted and ordered Plaintiff to file an amended complaint within thirty 21 days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date, Plaintiff has not complied with or otherwise 22 responded to the Court’s order. As a result, there is no pleading on file which sets forth any claims 23 upon which relief may be granted under section 1983. 24 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the undersigned 25 HEREBY RECOMMENDS that this action be dismissed, with prejudice, based on Plaintiff’s failure 26 to state any claims upon which relief may be granted under section 1983. 27 /// 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 fifteen (14) 3 days after being served with these Findings and Recommendations, Plaintiff may file written 4 objections with the Court. The document should be captioned AObjections to Magistrate Judge=s 5 Findings and Recommendations.@ Plaintiff is advised that failure to file objections within the specified 6 time may waive the right to appeal the District Court=s order. Martinez v. Ylst, 951 F.2d 1153 (9th 7 Cir. 1991). 8 9 10 11 IT IS SO ORDERED. Dated: June 9, 2014 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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