(PC) Shehee v. King, No. 1:2014cv00590 - Document 15 (E.D. Cal. 2014)

Court Description: FINDINGS and RECOMMENDATIONS, Recommending that this Action be Dismissed, with Prejudice, for Failure to State a Claim Upon Which Relief may be Granted, signed by Magistrate Judge Gary S. Austin on 12/1/14. Objections, if any, Due in Thirty Days. Referred to Judge Ishii. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ELL SHEHEE, 12 13 14 15 Plaintiff, vs. AUDREY KING, Defendant. 1:14-cv-00590-AWI-GSA-PC FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (Doc. 12.) OBJECTIONS, IF ANY, DUE IN THIRTY DAYS 16 17 18 19 Gregory Ell Shehee (“Plaintiff@) is a civil detainee proceeding pro se and in forma 20 pauperis in this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint 21 commencing this action on April 23, 2014. (Doc. 1.) 22 On October 17, 2014, the Court dismissed Plaintiff=s Complaint for failure to state a 23 claim, with leave to file an Amended Complaint within thirty days. (Doc. 12.) To date, 24 Plaintiff has not complied with or otherwise responded to the Court=s order. As a result, there 25 is no pleading on file which sets forth any claims upon which relief may be granted. 26 Accordingly, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. ' 1915(e), 27 this action be DISMISSED, with prejudice, based on Plaintiff=s failure to state a claim upon 28 which relief may be granted under § 1983. 1 1 These findings and recommendations are 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 thirty 3 days after being served with these findings and recommendations, Plaintiff may file written 4 objections with the court. Such a 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 result in the waiver of rights on appeal. Wilkerson v. Wheeler, 7 __ F.3d __, __, No. 11-17911, 2014 WL 6435497, at *3 (9th Cir. Nov. 18, 2014) (citing Baxter 8 v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 9 10 11 12 IT IS SO ORDERED. Dated: December 1, 2014 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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