Porter-Bey v. Lappin et al

Filing 13

FINDINGS and RECOMMENDATIONS Recommending this 1 Action be Dismissed, with Prejudice, for Failure to State a Claim signed by Magistrate Judge Stanley A Boone on 6/20/2013. Referred to Judge Anthony W. Ishii. Objections to F&R due by 7/25/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEROME A. PORTER-BEY,

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Plaintiff,
v.

Case No. 1:10-cv-01540-AWI-SAB (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING THIS ACTION BE
DISMISSED, WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM

HARLEY LAPPIN, et al.,
(ECF No. 12)

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Defendants.
THIRTY-DAY DEADLINE

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Plaintiff Jerome A. Porter-Bey (“Plaintiff”) is a federal prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of

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Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation of civil

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rights by federal actors. On May 2, 2013, the Court dismissed Plaintiff’s complaint with leave to

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amend. (ECF No. 12.) In that order, Plaintiff received notice that the failure to file an amended

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complaint within thirty days would result in the dismissal of his action, with prejudice, for failure

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to state a claim. More than thirty days has passed, and Plaintiff has not complied with or

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otherwise responded to the Court’s order. As a result, there is no pleading on file which sets forth

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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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June 20, 2013

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UNITED STATES MAGISTRATE JUDGE

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