Caseres v. Terhune et al

Filing 13

FINDINGS and RECOMMENDATION Recommending Dismissal of Plaintiff's Action With Prejudice for Failure to State a Claim 1 , signed by Magistrate Judge Gerald B. Cohn on 9/2/11. Referred to Judge O'Neill. Objections 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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PAUL ANGELO CASERES,

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Plaintiff,

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CASE NO.

1:10-cv-01239-OWW-GBC (PC)

FINDINGS AND RECOMMENDATION
RE COMME NDING D I S M I S S A L O F
PLAINTIFF’S ACTION WITH PREJUDICE
FOR FAILURE TO STATE A CLAIM

v.
C. A. TERHUNE, et al.,
Defendants.

OBJECTIONS DUE WITHIN THIRTY DAYS
/

FINDINGS AND RECOMMENDATION

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Plaintiff Paul Angelo Caseres (“Plaintiff”) is proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. On June 10, 2011, the Court

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dismissed Plaintiff’s original complaint, with leave to amend, for failure to state a claim.

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(ECF No. 10.) Plaintiff was ordered to file an amended complaint within thirty days. (Id.)

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Plaintiff also was warned that failure to comply with the Court’s Order may result in

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dismissal of this action for failure to state a claim upon which relief could be granted. (Id.)

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On July 21, 2011, the Court issued a Show Cause Order. (ECF No. 11.) The Show

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Cause Order again warned Plaintiff that the case would be dismissed if Plaintiff failed to

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respond to the Order and/or file an amended complaint by August 25, 2011. (Id.) To date,

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the Court has not received a response to the Show Cause Order and Plaintiff has not filed

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an amended complaint. As a result, there is no pleading on file which sets forth any claims

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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), the Court

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HEREBY RECOMMENDS that this action be DISMISSED, with prejudice, based on

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Plaintiff’s failure to state any claims upon which relief may be granted under Section 1983.

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These Findings and Recommendation will be submitted to the United States District

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

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thirty (30) days after being served with these Findings and Recommendation, the parties

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may file written objections with the Court. The document should be captioned “Objections

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to Magistrate Judge’s Findings and Recommendation.” The parties are advised that failure

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to file objections within the specified time may waive the right to appeal the District Court’s

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order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.

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Dated:
1j0bbc

September 2, 2011
UNITED STATES MAGISTRATE JUDGE