Wilhelm v. Woodford

Filing 23

FINDINGS and RECOMMENDATIONS Recommending Dismissal of Action for Failure to State a Cognizable Claim for Relief, signed by Magistrate Judge Stanley A. Boone on 11/4/2013, referred to Judge Ishii. Objections to F&R Within Fifteen Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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STEVE WILHELM,

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Case No. 1:12-cv-00386-AWI-SAB

Plaintiff,

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FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF
ACTION FOR FAILURE TO STATE A
COGNIZABLE CLAIM FOR RELIEF

v.

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JEANNIE WOODFORD,

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Defendant.

[ECF No. 16]

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Plaintiff Steve Wilhelm is appearing pro se and in forma pauperis in this civil rights

18 action pursuant to 42 U.S.C. § 1983.
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On September 10, 2013, the undersigned dismissed Plaintiff’s first amended complaint

20 for failure to state a claim upon which relief may be granted and ordered Plaintiff to file an
21 amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date,
22 Plaintiff has not complied with or otherwise responded to the Court’s order. As a result, there is
23 no pleading on file which sets forth any claims upon which relief may be granted under section
24 1983.
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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the undersigned

26 HEREBY RECOMMENDS that this action be dismissed, with prejudice, based on Plaintiff’s
27 failure to state any claims upon which relief may be granted under section 1983.
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These Findings and Recommendations will be submitted to the United States District

2 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within
3 fifteen (15) days after being served with these Findings and Recommendations, Plaintiff may file
4 written objections with the Court. The document should be captioned “Objections to Magistrate
5 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections
6 within the specified time may waive the right to appeal the District Court’s order. Martinez v.
7 Ylst, 951 F.2d 1153 (9th Cir. 1991).
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9 IT IS SO ORDERED.
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Dated:

November 4, 2013

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UNITED STATES MAGISTRATE JUDGE

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