(PC) O'Keefe v. Schwarzenegger et al, No. 2:2008cv01421 - Document 26 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge George Foley, Jr. on 7/13/09 RECOMMENDING that Plaintiff's Civil Rights Complaint Pursuant to 42U.S.C. § 1983 1 should be DISMISSED with prejudice based on Plaintiff's failure to state a claim upon which relief may be granted. Referred to Judge Philip M. Pro; Objections due within 20 days after being served with these findings and recommendations. (Becknal, R) Modified on 7/29/2009 (Donati, J).

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(PC) O'Keefe v. Schwarzenegger et al Doc. 26 1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 8 9 10 11 TIMOTHY O’KEEFE, ) ) Plaintiff, ) ) vs. ) ) ARNOLD SCHWARZENEGGER, et al., ) ) Defendants. ) __________________________________________) Case No. 2:08-cv-01421-PMP-GWF FINDINGS AND RECOMMENDATION 12 On May 1, 2009, the Court issued an Order that granted Plaintiff’s application to proceed in 13 14 forma pauperis. (Dkt. #24). However, the Court dismissed Plaintiff’s Complaint for failure to state a 15 claim upon which relief can be granted, with leave to amend the complaint. (Id.) Furthermore, the 16 Court directed Plaintiff to file his amended complaint by June 1, 2009 and notified Plaintiff that failure 17 to amend his complaint within the established time would result in a recommendation that this action be 18 dismissed with prejudice. (Id.) To date, Plaintiff has failed to file his amended complaint within the 19 allotted time period, and the time allowed has expired. Accordingly, 20 IT IS HEREBY RECOMMENDED that Plaintiff’s Civil Rights Complaint Pursuant to 42 21 U.S.C. § 1983 (Dkt. #1) should be DISMISSED with prejudice based on Plaintiff’s failure to state a 22 claim upon which relief may be granted. 23 NOTICE 24 These Findings and Recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within twenty (20) days 26 after being served with these Findings and Recommendations, plaintiff may file written objections with 27 the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 28 ... Dockets.Justia.com 1 Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 2 waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED this 14th day of July, 2008. 4 5 6 GEORGE FOLEY, JR. UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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