Michael Harden v. John Doe et al

Filing 20

FINDINGS and RECOMMENDATIONS Recommending This Action Be Dismissed, With Prejudice, for Failure to State a Claim 7 & 19 FOURTEEN-DAY DEADLINE, signed by Magistrate Judge Stanley A Boone on 4/10/13. (Hellings, J)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL HARDEN, 10 11 12 13 CASE NO. 1:11-cv-01318-LJO-SAB Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM v. JOHN DOE, et al., Defendants. (ECF Nos.7 & 19) 14 FOURTEEN-DAY DEADLINE 15 / 16 17 Plaintiff Michael Harden (“Plaintiff”) is a state prisoner appearing pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. On February 05, 2013, the Court issued an order dismissing 19 Plaintiff’s complaint, with leave to amend, for failure to state a claim. (ECF No. 19.) Plaintiff was 20 given thirty days to amend his complaint and was cautioned that the failure to do so would result in 21 the dismissal of this action, with prejudice. More than thirty days has passed and Plaintiff has not 22 complied with or otherwise responded to the Court’s order. As a result, there is no pleading on file 23 which sets forth any claims upon which relief may be granted. 24 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY 25 RECOMMENDED that this action BE DISMISSED, with prejudice, based on Plaintiff’s failure to 26 state any claims upon which relief may be granted. 27 These findings and recommendations will be submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) days 1 1 after being served with these findings and recommendations, Plaintiff may file written objections 2 with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 3 Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 4 waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 IT IS SO ORDERED. 6 Dated: i1eed4 April 10, 2013 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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