(PC) Lee v. Matevousian, No. 1:2018cv00169 - Document 14 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS recommending that Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be DISMISSED, with prejudice, based on Plaintiffs failure to state a claim upon which relief may be granted under § 1983; t he Clerk of Court be Directed to Close this case re 1 Prisoner Civil Rights Complaint filed by Mario Anton Lee ; referred to Judge Drozd,signed by Magistrate Judge Gary S. Austin on 12/18/18. Objections to F&R due 14-Day Deadline (Martin-Gill, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARIO ANTON LEE, 12 Plaintiff, 13 14 vs. MATEVOUSIAN, 15 Defendant. 16 1:18-cv-00169-DAD-GSA-PC FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM (ECF No. 1.) OBJECTIONS, IF ANY, DUE IN FOURTEEN (14) DAYS 17 18 19 20 21 22 Mario Anton Lee (“Plaintiff”) is a federal prisoner proceeding pro se and in forma 23 pauperis in this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 24 (1971). On February 1, 2018, Plaintiff filed the Complaint commencing this action. (ECF No. 25 1.) 26 On October 26, 2018, the court issued an order dismissing Plaintiff’s Complaint for 27 failure to state a claim, with leave to file an amended complaint within thirty days. (ECF No. 28 12.) The thirty-day deadline has now expired and Plaintiff has not filed an amended complaint, 1 1 or otherwise responded to the court’s order. As a result, there is no pleading on file which sets 2 forth any claims upon which relief may be granted. 3 Accordingly, IT IS HEREBY RECOMMENDED that: 4 1. Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be 5 DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon 6 which relief may be granted under § 1983; and 7 2. 8 These findings and recommendations are submitted to the United States District Judge 9 The Clerk of Court be directed to close this case. assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 10 fourteen (14) days from the date of service of these findings and recommendations, Plaintiff 11 may file written objections with the court. Such a document should be captioned “Objections 12 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 13 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 14 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 15 (9th Cir. 1991)). 16 17 18 19 IT IS SO ORDERED. Dated: December 18, 2018 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2