(PC) Wormley v. Gamboa et al, No. 1:2017cv00506 - Document 13 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS Recommending that this 1 Case be Dismissed, with Prejudice, for Failure to State a Claim signed by Magistrate Judge Gary S. Austin on 05/22/2018. Referred to Judge Drozd; Objections to F&R due by 6/8/2018.(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 MARCAILL WORMLEY, 12 Plaintiff, 13 14 vs. 1:17-cv-00506-DAD-GSA-PC FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM H. GAMBOA, et al., 15 Defendants. OBJECTIONS, IF ANY, DUE IN 14 DAYS 16 17 18 19 20 I. BACKGROUND 21 Marcaill Wormley (“Plaintiff”) is a state prisoner proceeding pro se and in forma 22 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On April 11, 2017, Plaintiff 23 filed the Complaint commencing this action. (ECF No. 1.) 24 On April 6, 2018, the court issued an order dismissing Plaintiff’s Complaint for failure 25 to state a claim, with leave to file an amended complaint within thirty days. (ECF No. 11.) 26 The thirty-day deadline has now expired, and Plaintiff has not filed an amended complaint or 27 otherwise responded to the court’s order. As a result, there is no pleading on file which sets 28 forth any claims upon which relief may be granted. 1 1 Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be 3 DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon 4 which relief may be granted under § 1983; and 5 2. 6 These findings and recommendations are submitted to the United States District Judge The Clerk be directed to close this case. 7 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). 8 fourteen (14) days from the date of service of these findings and recommendations, Plaintiff 9 may file written objections with the court. Such a document should be captioned “Objections 10 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 11 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 12 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 13 (9th Cir. 1991)). Within 14 15 16 17 IT IS SO ORDERED. Dated: May 22, 2018 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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