Anderson v. De La Cruz et al
Filing
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FINDINGS and RECOMMENDATIONS Recommending Dismissal of Plaintiff's 1 Action With Prejudice For Failure to State a Claim, signed by Magistrate Judge Gerald B. Cohn on 9/19/2011, referred to Judge O'Neill. Objections to F&R Due Within Thirty Days. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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NATHAN ANDERSON,
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CASE NO.
1:10-cv-02123-LJO-GBC (PC)
Plaintiff,
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
Defendants.
OBJECTIONS DUE WITHIN THIRTY DAYS
v.
DE LA CRUZ, et al.,
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/
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FINDINGS AND RECOMMENDATION
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Plaintiff Nathan Anderson (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 24, 2011,
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the Court dismissed Plaintiff’s original complaint, with leave to amend, for failure to state
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a claim. (ECF No. 10.) Plaintiff was ordered to file an amended complaint within thirty
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days. (Id.) Plaintiff also was warned that failure to comply with the Court’s Order may
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result in dismissal of this action for failure to state a claim upon which relief could be
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granted. (Id.)
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On August 1, 2011, the Court issued a Show Cause Order. (ECF No. 11.) The
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Show Cause Order again warned Plaintiff that the case would be dismissed if Plaintiff
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failed to respond to the Order and/or file an amended complaint by September 6, 2011.
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(Id.) To date, the Court has not received a response to the Show Cause Order and Plaintiff
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has not filed an amended complaint. As a result, there is no pleading on file which sets
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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), 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 19, 2011
UNITED STATES MAGISTRATE JUDGE
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