McClendon v. Ugwueze et al
Filing
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FINDINGS and RECOMMENDATIONS Recommending This Action be Dismissed, With Prejudice, For Failure to State a Claim re 1 , signed by Magistrate Judge Barbara A. McAuliffe on 7/30/12. Referred to Judge O'Neill; Objections Due Within Twenty-Days. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DEMITRIUS McCLENDON,
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CASE NO. 1:11-cv–01009-LJO-BAM PC
Plaintiff,
FINDINGS AND RECOMMENDATIONS
RECOMMENDING THIS ACTION BE
DISMISSED, WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM
v.
GODWIN UGWUEZE, et al.,
OBJECTIONS DUE WITHIN TWENTY-DAYS
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Defendants.
/
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Plaintiff Demitrius McClendon is a state prisoner proceeding pro se and in forma pauperis
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in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on June 17, 2011. An
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order issued on June 11, 2012, dismissing the complaint, with leave to file an amended complaint
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within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was warned that if he failed
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to file an amended complaint in compliance with the order, this action would be dismissed, with
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prejudice, for failure to state any claims. More than thirty days have 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), 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 30, 2012
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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