(PC) Powell v. Raman et al, No. 1:2017cv00514 - Document 9 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS recommending that pursuant to 28:1915A and 28:1915(e), this case be Dismissed, with prejudice, based on Plaintiff's failure to state a claim upon which relief may be granted under 1983; Clerk be Directed to close the case re 1 Prisoner Civil Rights Complaint filed by Tommie Lee Powell ; referred to Judge Drozd,signed by Magistrate Judge Gary S. Austin on 05/22/18. Objections to F&R due by 6/8/2018 (Martin-Gill, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 TOMMIE LEE POWELL, 11 12 13 Plaintiff, vs. 1:17-cv-00514-DAD-GSA-PC FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM S. RAMAIN, et al., 14 Defendants. OBJECTIONS, IF ANY, DUE IN 14 DAYS 15 16 Tommie Lee Powell (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On April 12, 2017, Plaintiff 18 filed the Complaint commencing this action. (ECF No. 1.) 19 On April 5, 2018, the court issued an order dismissing the Complaint for failure to state 20 a claim, with leave to file an amended complaint within thirty days. (ECF No. 8.) The thirty- 21 day deadline has now expired, and Plaintiff has not filed an amended complaint or otherwise 22 responded to the court’s order. As a result, there is no pleading on file which sets forth any 23 claims upon which relief may be granted. 24 Accordingly, IT IS HEREBY RECOMMENDED that: 25 1. Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be 26 DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon 27 which relief may be granted under § 1983; and 28 2. The Clerk be directed to close this case. 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). 3 fourteen (14) days from the date of service of these findings and recommendations, Plaintiff 4 may file written objections with the court. Such a document should be captioned “Objections 5 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 6 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 7 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 8 (9th Cir. 1991)). Within 9 10 11 12 IT IS SO ORDERED. Dated: May 22, 2018 /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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