Williams v. California Department of Corrections et al

Filing 23

FINDINGS and RECOMMENDATIONS, Recommending That This Action Be Dismissed, With Prejudice, for Failure to State a Claim Upon Which Relief May Be Granted 20 ; Objections, If Any, Due Within Thirty Days, signed by Magistrate Judge Gary S. Austin on 5/23/11. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLIFFORD J. WILLIAMS,

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Plaintiff,

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1:07-cv-01855-LJO-GSA-PC
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS ACTION BE
DISMISSED, WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM UPON
WHICH RELIEF MAY BE GRANTED
(Doc. 20.)

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

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Defendants.

OBJECTIONS, IF ANY, DUE WITHIN
THIRTY DAYS

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/

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Clifford J. Williams (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
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action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on December 20, 2007. (Doc. 1.)
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On March 30, 2011, the undersigned dismissed Plaintiff’s First Amended Complaint for
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failure to state a claim upon which relief may be granted and gave Plaintiff leave to file a Second
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Amended Complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). (Doc.22.) To
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date, Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there
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is no pleading on file which sets forth any claims upon which relief may be granted under section
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1983.
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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the undersigned
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HEREBY RECOMMENDS that:
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1.

This action be dismissed, with prejudice, based on Plaintiff’s failure to state any

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claims upon which relief may be granted under section 1983; and
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This dismissal count as a strike pursuant to 28 U.S.C. § 1915(g).

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These Findings and Recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30)

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days after being served with these Findings and Recommendations, Plaintiff may file written

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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d

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1153 (9th Cir. 1991).

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IT IS SO ORDERED.

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Dated:
6i0kij

May 23, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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