Hughes v. Bruner
Filing
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FINDINGS and RECOMMENDATION to Dismiss 15 Action for Failure to State a Claim; Fourteen-Day Deadline signed by Magistrate Judge Gerald B. Cohn on 12/14/2012. Referred to Judge Anthony W. Ishii. Objections to F&R due by 1/3/2013. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BERNARD C. HUGHES,
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Plaintiff,
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CASE NO. 1:11-cv-00110-AWI-GBC (PC)
FINDINGS AND RECOMMENDATION TO
DISMISS ACTION FOR FAILURE TO STATE A
CLAIM
v.
ROBERT BRUNER,
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(Doc. 15; Doc. 18)
Defendant.
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FOURTEEN-DAY DEADLINE
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Plaintiff Bernard Hughes (“Plaintiff”), a state prisoner proceeding pro se and in forma
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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 21, 2011. Doc. 1.
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On April 22, 2011, the Court dismissed Plaintiff’s complaint for failure to state a claim and gave
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Plaintiff leave to amend. Doc. 13. On May 12, 2011, Plaintiff filed the first amended complaint.
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Doc. 15. On July 18, 2012, the Court filed findings and recommendations recommending to dismiss
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the action for failure to state a claim. Doc. 16. On August 31, 2012, Plaintiff filed objections stating
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that he was trying to allege a retaliation claim. Doc. 17. On November 11, 2012, the Court vacated
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its original findings and recommendation filed on July 18, 2012, re-screened Plaintiff’s amended
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complaint based on retaliation and dismissed with leave to amend for failure to state a claim. Doc.
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18.
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In the Court’s dismissal filed on July 18, 2012, Plaintiff was warned that if he failed to file
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an amended complaint in compliance with the order, this action would be dismissed, with prejudice,
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for failure to state any claims. More than twenty-one days have passed and Plaintiff has not
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complied with or otherwise responded to the Court’s order. As a result, there is no pleading on file
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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), the Court HEREBY
RECOMMENDS that:
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1.
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this action be DISMISSED, with prejudice, based on Plaintiff’s failure to state any
claims upon which relief may be granted (Doc. 15; Doc. 18); and
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The Clerk’s Office is directed to enter judgment against Plaintiff.
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These Findings and Recommendations will be submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within
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fourteen (14) days after being served with these Findings and Recommendations, plaintiff may file
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written objections with the court. The document should be captioned “Objections to Magistrate
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Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Martinez v.
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Ylst, 951 F.2d 1153 (9th Cir. 1991).
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IT IS SO ORDERED.
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Dated:
0jh02o
December 14, 2012
UNITED STATES MAGISTRATE JUDGE
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