West v. Clance
Filing
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FINDINGS and RECOMMENDATIONS Recommending Dismissal of 6 Action, with Prejudice, for Failure to State a Claim upon which Relief may be Granted signed by Magistrate Judge Gerald B. Cohn on 12/14/2011. Referred to Judge O'Neill; Objections to F&R due by 1/6/2012. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHN E. WEST,
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CASE NO. 1:11-cv-00851-LJO-GBC (PC)
Plaintiff,
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v.
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A. LOPEZ, et al.,
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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 TWENTY DAYS
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On May 23, 2011, Plaintiff John E. West (“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 October 6, 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). To date, Plaintiff has not complied with or otherwise responded to the Court’s order.
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As a result, there is no pleading on file that sets forth any claims upon which relief may be granted
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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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//
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//
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//
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//
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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 twenty (20) 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
December 14, 2011
UNITED STATES MAGISTRATE JUDGE
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