(PC) Turner v. Tilton et al, No. 2:2007cv00990 - Document 19 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/20/09 RECOMMENDING that this action be dismissed. Referred to Judge Garland E. Burrell, Jr. Objections due within 20 days.(Dillon, M)
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(PC) Turner v. Tilton et al Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY RICHARDO TURNER, 11 12 Plaintiff, No. CIV S-07-0990 GEB GGH P vs. 13 JAMES A. TILTON, et al., 14 Defendants. 15 16 FINDINGS AND RECOMMENDATIONS / Plaintiff, at the time of filing this action was evidently a Yolo County pretrial 17 detainee. By Order, filed on 3/24/08, this court directed that the plaintiff’s purported petition be 18 re-designated an action pursuant to 42 U.S.C. § 1983. Construed as a complaint, plaintiff’s 19 pleading, violative of Fed. R. Civ. P. 8, and setting forth “a litany of multiple unrelated claims 20 against different would-be defendants” constituted the kind of “‘mishmash of a complaint’ that 21 has been roundly repudiated,” and was dismissed with leave to amend within thirty days. See 22 Order, filed on 3/24/08. Notwithstanding the defects of the complaint, the court set forth the 23 guidelines and standards by which plaintiff might set forth colorable allegations. The court also 24 took judicial notice of three other complaints plaintiff has pending in this court and cautioned 25 plaintiff not to be duplicative in any amended complaint. See, id. Plaintiff was further cautioned 26 that failure to file an amended complaint would result in a recommendation of dismissal. 1 Dockets.Justia.com 1 Plaintiff did not file an amended complaint, instead, plaintiff continued to identify 2 himself as a petitioner in a filing he entitled, in part, a “motion for writ of mandamus to compel 3 compliance to court orders already issued....” This document is neither relevant nor responsive 4 to the court’s order. Therefore the court will now recommend dismissal of this action. 5 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. 6 These findings and recommendations are submitted to the United States District 7 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 8 days after being served with these findings and recommendations, plaintiff file written objections 9 with the court. Such a document should be captioned “Objections to Magistrate Judge's Findings 10 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 11 time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 12 (9th Cir. 1991). 13 DATED: January 20, 2009 /s/ Gregory G. Hollows 14 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 15 16 GGH:009 turn0990.scr 17 18 19 20 21 22 23 24 25 26 2