(PC) Baker v. Todd et al, No. 2:2010cv01827 - Document 11 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 01/07/11 recommending that this action be dismissed for failure to state a claim. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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(PC) Baker v. Todd et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY W. BAKER, Plaintiff, FINDINGS AND RECOMMENDATIONS vs. 12 13 No. CIV S-10-1827 MCE EFB P Defendants. 11 TODD, et al., 14 / 15 16 Plaintiff, formerly a county inmate, proceeds without counsel in an action brought under 17 42 U.S.C. § 1983. On November 1, 2010, the court dismissed plaintiff’s complaint for failure to 18 state a cognizable claim. The dismissal order explained the complaint’s deficiencies, gave 19 plaintiff 30 days to file an amended complaint correcting those deficiencies, and warned plaintiff 20 that failure to file an amended complaint would result in a recommendation that this action be 21 dismissed for failure to state a claim. The 30-day period has expired and plaintiff has not filed an amended complaint or 22 23 otherwise responded to the court’s order. 24 //// 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. § 1915A; 28 U.S.C. § 1915(g). 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: January 7, 2011. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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