Linthecome v. Junious et al
Filing
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FINDINGS And RECOMMENDATIONS Recommending This Action Be Dismissed, With Prejudice, For Failure To State A Claim, Objections Due Within Twenty-Days (Doc. 1 ), signed by Magistrate Judge Barbara A. McAuliffe on 7/24/2012. F&R's referred to Judge Anthony W. Ishii; Objections to F&R due by 8/16/2012. (Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARCUS LEON LINTHECOME,
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CASE NO. 1:11-cv-00923-AWI–BAM PC
Plaintiff,
FINDINGS AND RECOMMENDATIONS
RECOMMENDING THIS ACTION BE
DISMISSED, WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM
v.
MAURICE JUNIOUS, et al.,
OBJECTIONS DUE WITHIN TWENTY-DAYS
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Defendants.
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Plaintiff Marcus Leon Linthecome is a former state 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 April 26, 2012, Plaintiff’s
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complaint was dismissed for failure to state a claim, with leave to amend. 28 U.S.C. § 1915A; 28
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U.S.C. § 1915(e). On June 5, 2012, Plaintiff filed a first amended complaint. An order issued on
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June 8, 2012, striking the first amended complaint for failing to comply with the Federal Rules of
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Civil Procedure, with leave to file an amended complaint within thirty days. Plaintiff was warned
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that if he failed to file an amended complaint in compliance with the order, this action would be
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dismissed, with prejudice, for failure to state any claims. More than thirty days have passed and
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Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there is no
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pleading on file 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), it is HEREBY
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RECOMMENDED that this action BE DISMISSED, with prejudice, based on Plaintiff’s failure to
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state any claims upon which relief may be granted.
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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 twenty (20)
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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.
Dated:
10c20k
July 24, 2012
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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