Maldonado v. Facility 4A Medical, et al.

Filing 15

FINDINGS and RECOMMENDATIONS Recommending Dismissal of 7 Action for Failure to State a Cognizable Claim signed by Magistrate Judge Stanley A. Boone on 1/15/2014. Referred to Judge Anthony W. Ishii. Objections to F&R due by 2/3/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ISRAEL MALDONADO,

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Plaintiff,

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v.
FACILITY 4A MEDICAL, et al.,

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Defendants.

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Case No.: 1:12-cv-01330-AWI-SAB (PC)
FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF ACTION
FOR FAILURE TO STATE A COGNIZABLE
CLAIM
[ECF No. 13]

Plaintiff Israel Maldonado is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.
On October 31, 2013, Plaintiff’s amended complaint was dismissed, with leave to amend, for

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failure to state a cognizable claim. Plaintiff has failed to file a second amended complaint or

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otherwise responded to the Court’s order within the allotted thirty day time frame. More than thirty

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days have passed and Plaintiff has not complied with or otherwise responded to the Court’s order. As

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a result, there is no pleading on file which sets forth any claims upon which relief may be granted.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed, with prejudice

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pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this action is HEREBY DISMISSED, with

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prejudice, based on Plaintiff’s failure to state a claim upon which relief may be granted under section

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1983.

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This Findings and Recommendation is submitted to the assigned United States District Court
Judge, pursuant to the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Rule 304 of the Local Rules of
Practice for the United States District Court, Eastern District of California. Within fifteen (15) days
after being served with a copy, Plaintiff may file written objections with the court and serve a copy on

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all parties. Such a document should be captioned AObjections to Magistrate Judge=s Findings and

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Recommendation.@ The Court will then review the Magistrate Judge=s ruling pursuant to 28 U.S.C. '

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636 (b)(1)(C). The parties are advised that failure to file objections within the specified time may
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.
Dated:

January 15, 2014
UNITED STATES MAGISTRATE JUDGE

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