Vasquez v. Yu

Filing 24

FINDINGS And RECOMMENDATIONS, Recommending That This Action Be Dismissed, With Prejudice, For Failure To State A Claim Upon Which Relief May Be Granted, Objections, If Any, Due In Thirty Days (Doc. 19 ), signed by Magistrate Judge Gary S. Austin on 3/21/2012. F&R's referred to Judge Lawrence J. O'Neill; Objections to F&R due by 4/26/2012.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VINCENT VASQUEZ,

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1:10-cv-02013-LJO-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

v.
DR. YU, et al.,

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OBJECTIONS, IF ANY, DUE IN THIRTY
DAYS

Defendants.
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Vincent Vasquez ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed
this civil rights action pursuant to 42 U.S.C. § 1983 on October 26, 2010. (Doc. 1.)

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On August 29, 2011, the Court dismissed Plaintiff’s First Amended Complaint for failure to

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state a claim, with leave to file a Second Amended Complaint within thirty days. 28 U.S.C. §

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1915A; 28 U.S.C. § 1915(e). To date, Plaintiff has not complied with or otherwise responded to

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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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Accordingly, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. § 1915A and

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28 U.S.C. § 1915(e), this action be DISMISSED, with prejudice, based on Plaintiff’s failure to state

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a claim upon which relief may be granted under section 1983, and that this dismissal be subject to

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the “three-strikes” provision set forth in 28 U.S.C. § 1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098

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(9th Cir. 2011).
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These findings and recommendations are 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 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. Such a 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 time

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may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991).

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IT IS SO ORDERED.
Dated:
6i0kij

March 21, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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