(PC) Berry v. Salinas, et al.,, No. 2:2010cv00051 - Document 20 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/7/11 RECOMMENDING that this action be dismissed for failure to state a claim; 16 Amended Prisoner Civil Rights Complaint referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days. (Dillon, M)
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(PC) Berry v. Salinas, et al., Doc. 20 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEPHEN BERRY, Plaintiff, 11 vs. 12 13 No. CIV S-10-0051 MCE EFB P S.M. SALINAS, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 U.S.C. § 1983. On November 9, 2010, the court dismissed plaintiff’s first amended complaint 18 for failure to state a cognizable claim. The dismissal order explained the complaint’s 19 deficiencies, gave plaintiff 30 days to file an amended complaint correcting those deficiencies, 20 and warned plaintiff that failure to file an amended complaint would result in a recommendation 21 that this action be dismissed. On December 1, 2010, plaintiff was granted an additional 90 days 22 in which to file an amended complaint. The 90-day period has expired and plaintiff has not filed an amended complaint or 23 24 otherwise responded to the court’s order. 25 //// 26 //// 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that this action be dismissed for failure to state a claim. 28 U.S.C. §§ 1915(g), 1915A. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: April 7, 2011. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2