Schorr v. Mims et al
Filing
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FINDINGS And RECOMMENDATIONS Recommending Dismissing Action With Prejudice For Failure To State A Claim (Doc. 1 ), Objections Due In Fourteen Days, signed by Magistrate Judge Gerald B. Cohn on 11/29/2012. F&R's referred to Judge Lawrence J. O'Neill; Objections to F&R due by 12/17/2012. (Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MATTHEW PATRICK SCHORR,
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Plaintiff,
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CASE NO. 1:11-cv-00886-LJO-GBC (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSING ACTION
WITH PREJUDICE FOR FAILURE TO STATE
A CLAIM
v.
MARGARET MIMS,
(Doc. 1)
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Defendants.
OBJECTIONS DUE IN FOURTEEN DAYS
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/
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I.
Procedural History
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Matthew Patrick Schorr (“Plaintiff”) is a federal prisoner proceeding pro se and in forma
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pauperis, in this civil rights action pursuant to 42 U.S.C. § 1983. On June 1, 2011, Plaintiff filed the
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complaint in this action. Doc. 1. On September 24, 2012, the Court dismissed the action for failure
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to state a claim and gave Plaintiff leave to amend. Doc. 16. On November 2, 2012, the Court
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granted Plaintiff’s motion for extension of time to file an amended complaint and gave Plaintiff
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twenty-one days to file an amended complaint. Doc. 18.
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On September 24, 2012, the Court warned Plaintiff that if he failed to file an amended
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complaint in compliance with the order, this action would be dismissed, with prejudice, for failure
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to state any claims. The deadline to file an amended complaint has passed and Plaintiff has not
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complied with or otherwise responded to the Court’s order. As a result, there is no pleading on file
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which sets forth any claims upon which relief may be granted.
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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the Court HEREBY
RECOMMENDS that:
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1.
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this action be DISMISSED, with prejudice, based on Plaintiff’s failure to state any
claims upon which relief may be granted (Doc. 1; Doc. 16); and
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2.
The Clerk’s Office be directed to enter judgment against Plaintiff.
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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 Title 28 U.S.C. § 636(b)(l). Within fourteen (14)
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days after being served with these Findings and Recommendations, Plaintiff may file written
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objections with the Court. The document should be captioned "Objections to Magistrate Judge's
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Findings and Recommendations." Plaintiff is advised that failure to file objections within the
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specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d
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1153 (9th Cir. 1991).
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IT IS SO ORDERED.
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Dated:
0jh02o
November 29, 2012
UNITED STATES MAGISTRATE JUDGE
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