Uhlman v. Suryadevara et al
Filing
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FINDINGS and RECOMMENDATIONS Recommending That This Action Be Dismissed, With Prejudice, For Failure to State A Claim Upon Which Relief May be Granted 7 , signed by Magistrate Judge Gary S. Austin on 4/20/11. Referred to Judge Ishii. Objections, If Any, Due Within Thirty Days. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JACQUELYN UHLMAN,
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1:08-cv-00223-AWI-GSA-PC
Plaintiff,
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS ACTION BE
DISMISSED, WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM UPON
WHICH RELIEF MAY BE GRANTED
(Doc. 7.)
v.
SURYADEVARA, et al.,
Defendants.
OBJECTIONS, IF ANY, DUE WITHIN
THIRTY DAYS
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/
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Jacquelyn Uhlman (“Plaintiff”) is a former state prisoner proceeding pro se in this civil
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rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on February 13, 2008, and on
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August 18, 2009, Plaintiff filed an Amended Complaint. (Docs. 1, 7.)
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On March 3, 2011, the undersigned dismissed Plaintiff’s Amended Complaint for failure to
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state a claim upon which relief may be granted and gave Plaintiff leave to file a Second Amended
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Complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). (Doc.9.) To date, Plaintiff
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has not complied with or otherwise responded to the Court’s order. As a result, there is no pleading
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on file which sets forth any claims upon which relief may be granted under section 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 this action be dismissed, with prejudice, based on Plaintiff’s failure
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to state any claims upon which relief may be granted under section 1983.
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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
April 20, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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