Leon v. Vasquez, et al.

Filing 13

FINDINGS and RECOMMENDATIONS Recommending Dismissal of Action, With Prejudice, For Failure to State a Claim Upon Which Relief May be Granted, signed by Magistrate Judge Gerald B. Cohn on 1/30/2012, 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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CASE NO. 1:11-cv-00601-LJO-GBC (PC)

ERNESTO LEON,
Plaintiff,
v.
SCI G. VASQUEZ, et al.,

FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF ACTION,
WITH PREJUDICE, FOR FAILURE TO
STATE A CLAIM UPON WHICH RELIEF
MAY BE GRANTED

Defendants.
/ OBJECTIONS DUE WITHIN THIRTY DAYS

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On April 14, 2011, Plaintiff Ernesto Leon (“Plaintiff”), a state prisoner proceeding pro se and

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in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On September 16, 2011,

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the undersigned dismissed Plaintiff’s complaint for failure to state a claim upon which relief may

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be granted and ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. §§ 1915A

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and 1915(e). On October 25, 2011, the Court granted Plaintiff’s first motion for a thirty day

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extension of time to file an amended complaint. Doc. 10. On December 1, 2011, the Court granted

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Plaintiff’s second motion for a thirty day extension of time to file an amended complaint. Doc. 12.

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To date, Plaintiff has not complied with or otherwise responded to the Court’s order. As a result,

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there is no pleading on file that sets forth any claims upon which relief may be granted under § 1983.

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Accordingly, pursuant to 28 U.S.C. §§ 1915A and 1915(e), the undersigned HEREBY

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RECOMMENDS that this action be DISMISSED, with prejudice, based on Plaintiff’s failure to state

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any claims upon which relief may be granted under § 1983.
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These Findings and Recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty (30) 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. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time may

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waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.

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Dated:
0jh02o

January 30, 2012
UNITED STATES MAGISTRATE JUDGE

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