Hollis v. Shumate et al
Filing
11
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 Ishii. Objections to F&R Due Within Thirty Days. (Marrujo, C)
1
2
3
4
5
6
7
8
9
10
UNITED STATES DISTRICT COURT
11
EASTERN DISTRICT OF CALIFORNIA
12
13
MICHAEL EUGENE HOLLIS,
14
Plaintiff,
15
v.
16
17
FNU SHUMATE, et al.,
CASE NO. 1:11-cv-000747-AWI-GBC (PC)
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
18
19
On May 10, 2011, Plaintiff Michael Eugene Hollis (“Plaintiff”), a prisoner proceeding pro
20
se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On October 12,
21
2011, the undersigned dismissed Plaintiff’s complaint for failure to state a claim upon which relief
22
may be granted and ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. §§
23
1915A and 1915(e). To date, Plaintiff has not complied with or otherwise responded to the Court’s
24
order. As a result, there is no pleading on file that sets forth any claims upon which relief may be
25
granted under § 1983.
26
Accordingly, pursuant to 28 U.S.C. §§ 1915A and 1915(e), the undersigned HEREBY
27
RECOMMENDS that this action be DISMISSED, with prejudice, based on Plaintiff’s failure to state
28
any claims upon which relief may be granted under § 1983.
Page 1 of 2
1
These Findings and Recommendations will be submitted to the United States District Judge
2
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty (30) days
3
after being served with these Findings and Recommendations, Plaintiff may file written objections
4
with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and
5
Recommendations.” Plaintiff is advised that failure to file objections within the specified time may
6
waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
7
8
IT IS SO ORDERED.
9
10
Dated:
0jh02o
January 30, 2012
UNITED STATES MAGISTRATE JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 2 of 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?