(PS) Peden v. Rogers et al, No. 2:2018cv02681 - Document 6 (E.D. Cal. 2020)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/10/2020 RECOMMENDING that this action be dismissed re 4 Complaint. These Findings and Recommendations are submitted to U.S. District Judge John A. Mendez; Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)
Download PDF
<![CDATA[
(PS) Peden v. Rogers et al Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WESLEY ELVIS PEDEN, 12 Plaintiff, 13 14 15 v. No. 2:18-cv-2681-JAM-EFB PS FINDINGS AND RECOMMENDATIONS MARCIA ROGERS, et al., Defendants. 16 17 On July 6, 2020, the court screened plaintiff’s complaint pursuant to 28 U.S.C. 18 § 1915(e)(2). The court dismissed the complaint for failure to state a claim, explained the 19 deficiencies therein, and granted plaintiff thirty days in which to file an amended complaint to 20 cure the deficiencies. ECF No. 5. The order warned plaintiff that failure to file an amended 21 complaint could result in the dismissal of this action. The time for acting has passed and plaintiff 22 has not filed an amended complaint or otherwise responded to the court’s order. Thus, it appears 23 that plaintiff is unable to cure the defects in the complaint. 24 25 Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice for failure to state a claim as set forth in the July 6, 2020 order. ECF No. 5. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 Dockets.Justia.com 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 objections shall be served and filed within fourteen days after service of the objections. The 4 parties are advised that failure to file objections within the specified time may waive the right to 5 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 6 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 Dated: August 10, 2020. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
