Antonio P. Youmans v. Gardner et al
Filing
14
FINDINGS and RECOMMENDATIONS Recommending This Action Be Dismissed, With Prejudice, For Failure to State A Claim 1 , signed by Magistrate Judge Sandra M. Snyder on 5/9/11. Referred to Judge O'Neill. Objections Due Within Thirty Days. (Gonzalez, R)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
ANTONIO P. YOUMANS,
10
11
12
CASE NO. 1:11-cv-00240-LJO-SMS PC
Plaintiff,
FINDINGS AND RECOMMENDATIONS
RECOMMENDING THIS ACTION BE
DISMISSED, WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM
v.
W. GARDNER, et al.,
OBJECTIONS DUE WITHIN THIRTY DAYS
13
Defendants.
/
14
15
Plaintiff Antonio P. Youmans (“Plaintiff”) is a state prisoner proceeding pro se and in forma
16
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed requesting
17
class certification on May 5, 2010. On February 15, 2011, an order was issued denying Plaintiffs’
18
motion for class certification. On March 11, 2011, an order issued dismissing the complaint with
19
leave to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e).
20
Plaintiff was warned that if he failed to file an amended complaint in compliance with the order, this
21
action would be dismissed, with prejudice, for failure to state any claims. More than thirty days have
22
passed and Plaintiff has not complied with or otherwise responded to the Court’s order. As a result,
23
there is no pleading on file which sets forth any claims upon which relief may be granted.
24
Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY
25
RECOMMENDED that this action BE DISMISSED, with prejudice, based on Plaintiff’s failure to
26
state any claims upon which relief may be granted.
27
These findings and recommendations will be submitted to the United States District Judge
28
assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30)
1
1
days after being served with these findings and recommendations, Plaintiff may file written
2
objections with the Court. The document should be captioned “Objections to Magistrate Judge’s
3
Findings and Recommendations.” Plaintiff is advised that failure to file objections within the
4
specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d
5
1153 (9th Cir. 1991).
6
7
8
9
IT IS SO ORDERED.
Dated:
icido3
May 9, 2011
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?