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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL HARDEN,

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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)

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FOURTEEN-DAY DEADLINE

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Plaintiff Michael Harden (“Plaintiff”) is a state prisoner appearing pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. On February 05, 2013, the Court issued an order dismissing

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Plaintiff’s complaint, with leave to amend, for failure to state a claim. (ECF No. 19.) Plaintiff was

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given thirty days to amend his complaint and was cautioned that the failure to do so would result in

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the dismissal of this action, with prejudice. More than thirty days 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), 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 28 U.S.C. § 636(b)(l). Within fourteen (14) 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:
i1eed4

April 10, 2013
UNITED STATES MAGISTRATE JUDGE

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