(PC) Albert Valdez v. Pleasant Valley State Prison et al, No. 1:2016cv01599 - Document 18 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS, Recommending That This Case be Dismissed, With Prejudice, for Failure to State a Claim 15 , signed by Magistrate Judge Gary S. Austin on 3/30/2018: 14-Day Deadline. (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 ALBERT VALDEZ, 12 Plaintiff, 13 14 vs. WARDEN OF PVSP, et al., 15 Defendants. 16 1:16-cv-01599-DAD-GSA-PC FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE BE DISMISSED. WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM (ECF No. 15.) OBJECTIONS, IF ANY, DUE IN FOURTEEN (14) DAYS 17 18 Albert Valdez (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 19 with this civil rights action pursuant to 42 U.S.C. § 1983. On October 13, 2016, Plaintiff filed 20 the Complaint commencing this action at the United States District Court for the Central 21 District of California. (ECF No. 1.) On October 21, 2016, Plaintiff’s case was transferred to 22 this court. (ECF No. 5.) 23 The court screened the Complaint pursuant to 28 U.S.C. § 1915A and issued an order 24 on August 28, 2017, dismissing the Complaint for failure to state a claim, with leave to amend. 25 (ECF No. 12.) On October 25, 2017, Plaintiff filed the First Amended Complaint. (ECF No. 26 15.) 27 On February 12, 2018, the court issued an order dismissing Plaintiff’s First Amended 28 for failure to state a claim, with leave to file an amended complaint within thirty days. (ECF 1 1 No. 17.) The thirty-day deadline has now expired, and Plaintiff has not filed an amended 2 complaint or otherwise responded to the court’s order. As a result, there is no pleading on file 3 which sets forth any claims upon which relief may be granted. 4 Accordingly, IT IS HEREBY RECOMMENDED that: 5 1. Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be 6 DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon 7 which relief may be granted under § 1983; and This dismissal be subject to the “three strikes” provision of 28 U.S.C. § 1915(g). 8 2. 9 These findings and recommendations are submitted to the United States District Judge 10 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). 11 fourteen (14) days from the date of service of these findings and recommendations, Plaintiff 12 may file written objections with the court. Such a document should be captioned “Objections 13 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 14 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 15 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 16 (9th Cir. 1991)). Within 17 18 19 20 IT IS SO ORDERED. Dated: March 30, 2018 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2