Maldonado v. Trimble et al

Filing 18

FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED re 1 signed by Magistrate Judge Gary S. Austin on 2/5/2015. Referred to Judge Anthony W. Ishii; Objections to F&R due by 3/12/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BILLY RAE SHA’NEE MALDONADO, 1:12-cv-01088-AWI-GSA (PC)

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Plaintiff,

FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS ACTION
BE DISMISSED, WITH PREJUDICE,
FOR FAILURE TO STATE A CLAIM
UPON WHICH RELIEF MAY BE
GRANTED
(Doc. 1.)

vs.
R. H. TRIMBLE, et al.,
Defendants.

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OBJECTIONS, IF ANY, DUE IN THIRTY
DAYS

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Billy Rae Sha’nee Maldonado ("Plaintiff"), a state prisoner proceeding pro se and in

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forma pauperis, filed the Complaint commencing this civil rights action pursuant to 42 U.S.C. '

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1983 on July 5, 2012.

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Complaint for failure to state a claim, with leave to amend within thirty days. 28 U.S.C. '

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1915A; 28 U.S.C. ' 1915(e). (Doc. 11.) Plaintiff requested and was granted two extensions of

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time to file an amended complaint. (Docs. 12, 13, 14, 15.) Plaintiff’s latest deadline to amend

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the Complaint has expired, and Plaintiff has not filed an amended complaint. As a result, there

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is no pleading on file which sets forth any claims upon which relief may be granted.

(Doc. 1.)

On August 13, 2014, the Court dismissed Plaintiff=s

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Accordingly, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. ' 1915A

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and 28 U.S.C. ' 1915(e), this action be DISMISSED, with prejudice, based on Plaintiff=s failure
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to state a claim upon which relief may be granted under section 1983, and that this dismissal be

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subject to the Athree-strikes@ provision set forth in 28 U.S.C. ' 1915(g). Silva v. Vittorio, 658

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F.3d 1090, 1098 (9th Cir. 2011).

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These findings and recommendations are 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 thirty

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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. Such a document should be captioned "Objections to Magistrate

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Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections

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within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler,

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772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir.

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1991)).

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IT IS SO ORDERED.
Dated:

February 5, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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