Hughes v. Bruner

Filing 19

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 BERNARD C. HUGHES, 10 Plaintiff, 11 12 CASE NO. 1:11-cv-00110-AWI-GBC (PC) FINDINGS AND RECOMMENDATION TO DISMISS ACTION FOR FAILURE TO STATE A CLAIM v. ROBERT BRUNER, 13 (Doc. 15; Doc. 18) Defendant. 14 FOURTEEN-DAY DEADLINE / 15 Plaintiff Bernard Hughes (“Plaintiff”), a state prisoner proceeding pro se and in forma 16 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 21, 2011. Doc. 1. 17 On April 22, 2011, the Court dismissed Plaintiff’s complaint for failure to state a claim and gave 18 Plaintiff leave to amend. Doc. 13. On May 12, 2011, Plaintiff filed the first amended complaint. 19 Doc. 15. On July 18, 2012, the Court filed findings and recommendations recommending to dismiss 20 the action for failure to state a claim. Doc. 16. On August 31, 2012, Plaintiff filed objections stating 21 that he was trying to allege a retaliation claim. Doc. 17. On November 11, 2012, the Court vacated 22 its original findings and recommendation filed on July 18, 2012, re-screened Plaintiff’s amended 23 complaint based on retaliation and dismissed with leave to amend for failure to state a claim. Doc. 24 18. 25 In the Court’s dismissal filed on July 18, 2012, Plaintiff was warned that if he failed to file 26 an amended complaint in compliance with the order, this action would be dismissed, with prejudice, 27 for failure to state any claims. More than twenty-one days have passed and Plaintiff has not 28 1 1 complied with or otherwise responded to the Court’s order. As a result, there is no pleading on file 2 which sets forth any claims upon which relief may be granted. 3 4 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the Court HEREBY RECOMMENDS that: 5 1. 6 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 7 2. The Clerk’s Office is directed to enter judgment against Plaintiff. 8 9 These Findings and Recommendations will be submitted to the United States District 10 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 11 fourteen (14) days after being served with these Findings and Recommendations, plaintiff may file 12 written objections with the court. The document should be captioned “Objections to Magistrate 13 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 14 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 15 Ylst, 951 F.2d 1153 (9th Cir. 1991). 16 17 IT IS SO ORDERED. 18 19 Dated: 0jh02o December 14, 2012 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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