(PC) McLaughlin v. Cova, No. 2:2008cv01342 - Document 13 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge George W. Foley on 2/8/2010 recommending that the 5 Amended Complaint should be dismissed with prejudice based on Plaintiff's failure to file a second amended complaint and failure to respond to the Court's Order. Objections to F&R due w/in 20 days. (Matson, R)
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(PC) McLaughlin v. Cova Doc. 13 1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 8 9 10 GEORGE T. MCLAUGHLIN, ) ) Plaintiff, ) ) vs. ) ) M. COVA, ) ) Defendant. ) __________________________________________) Case No. 2:08-cv-01342-PMP-GWF FINDINGS AND RECOMMENDATIONS 11 12 On October 27, 2009, the Court screened Plaintiff’s Amended Complaint pursuant to 28 13 U.S.C. § 1915A(b)(1)-(2) to identify any cognizable claims and dismiss any claims that were 14 frivolous, malicious, failed to state a claim upon which relief may be granted or sought monetary 15 relief from a defendant who is immune from such relief. (Dkt. #12). The Court found that 16 Plaintiff had failed to state a claim upon which relief may be granted and dismissed the 17 complaint with leave for Plaintiff to amend his complaint. (Id.) The Court granted Plaintiff until 18 November 26, 2009 to submit a second amended complaint if he believed he could correct the 19 noted deficiencies. (Id.) 20 It is now one hundred and one (101) days since the Court granted Plaintiff leave to amend 21 and Plaintiff has neither filed a second amended complaint nor responded to the Court’s Order. 22 Accordingly, 23 IT IS HEREBY RECOMMENDED that Plaintiff’s Amended Complaint (Dkt. #5) 24 should be dismissed with prejudice based on Plaintiff’s failure to file a second amended 25 complaint and failure to respond to the Court’s Order. 26 ... 27 ... 28 ... Dockets.Justia.com 1 2 NOTICE These Findings and Recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within twenty 4 (20) days after being served with these Findings and Recommendations, plaintiff may file written 5 objections with the court. Such a document should be captioned “Objections to Magistrate 6 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 7 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 8 Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED this 8th day of February, 2010. 10 11 12 ______________________________________ GEORGE FOLEY, JR. 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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