Aaron v. Abdou et al

Filing 14

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Stanley A Boone on 5/2/2013 recommending that 5 Prisoner Civil Rights Complaint be DISMISSED with prejudice. Referred to Judge Anthony W. Ishii; Objections to F&R due by 6/6/2013. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE L. AARON, JR.,

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Plaintiff,

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v.

Case No. 1:10-cv-00178-AWI-SAB (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING THIS ACTION BE
DISMISSED, WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM

PHYSICIAN S. ABDOU, et al.,
(ECF Nos. 5 & 13.)

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Defendants.
THIRTY-DAY DEADLINE

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Plaintiff George L. Aaron, Jr. (“Plaintiff”) is a state prisoner appearing pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. On March 15, 2013, the Court issued an order

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dismissing Plaintiff’s complaint, with leave to amend, for failure to state a claim. (ECF No. 13.)

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Plaintiff was given thirty days to amend his complaint and was cautioned that the failure to do so

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would result in the dismissal of this action, with prejudice. More than thirty days has passed and

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Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there is

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no pleading on file which sets forth any claims upon which relief may be granted.

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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY

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RECOMMENDED 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.

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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 28 U.S.C. § 636(b)(l). Within thirty (30) days
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after being served with these findings and recommendations, Plaintiff may file written objections

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

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

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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IT IS SO ORDERED.

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Dated:

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May 2, 2013

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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