Schroeder v. Lantz et al

Filing 22

FINDINGS and RECOMMENDATIONS Recommending Dismissing Action With Prejudice for Failure to State a Claim, signed by Magistrate Judge Gerald B. Cohn on 1/13/2012, referred to Judge Ishii. Objections to F&R Due Within Thirty Days. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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ALVIN J. SCHROEDER,

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Plaintiff,
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v.
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JAMES A. YATES, et al.,

NO. 1:09-cv-02236-AWI-GBC (PC)
FINDINGS AND
RECOMMENDATION
RECCOMENDING DISMISSING
ACTION WITH PREJUDICE FOR
FAILURE TO STATE A CLAIM

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Defendants.
____________________________________/

OBJECTIONS DUE WITHIN THIRTY
DAYS

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I.

Procedural History

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On December 28, 2009, Plaintiff Alvin J. Schroeder, a state prisoner proceeding pro se, filed
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this civil rights action pursuant to 42 U.S.C. § 1983. Doc. 1. On November 1, 2010, Plaintiff’s first
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and second amended complaints were stricken as incomplete. Doc. 15. On November 22, 2010,
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Plaintiff filed the corrected first amended complaint. Doc. 18. On December 9, 2011, the Court
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dismissed the action and required Plaintiff to file an amended complaint within thirty days. Doc. 21.
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Plaintiff was warned that if he failed to file an amended complaint in compliance with the order, this
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action would be dismissed, with prejudice, for failure to state any claims.
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More than thirty days have passed and Plaintiff has not complied with or otherwise responded
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to the Court’s order. As a result, there is no pleading on file which sets forth any claims upon which
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relief may be granted.
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II.

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Recommendation
Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the Court HEREBY

RECOMMENDS that:

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1.

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this action be DISMISSED, with prejudice, based on Plaintiff’s failure to state any
claims upon which relief may be granted (Doc. 18; Doc. 21); and

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2.

The Clerk’s Office be directed to enter judgment against Plaintiff.

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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:
0jh02o

January 13, 2012
UNITED STATES MAGISTRATE JUDGE

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