Crim v. Management & Training Corp. et al
Filing
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FINDINGS and RECOMMENDATIONS to Dismiss This Action, With Prejudice, for Failure to State a Claim, signed by Magistrate Judge Gary S. Austin on 1/30/14. Referred to Judge Ishii. Objections, If Any, Due Within Thirty Days. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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1:12-cv-01340-AWI-GSA-PC
JOHN MICHAEL CRIM,
vs.
MANAGEMENT & TRAINING CORP., et al.,
FINDINGS AND RECOMMENDATIONS
TO DISMISS THIS ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM
OBJECTIONS, IF ANY, DUE WITHIN
THIRTY DAYS
Defendants.
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John Michael Crim ("Plaintiff") is a federal prisoner proceeding pro se. This action was
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initiated by civil Complaint filed by Plaintiff in the Kern County Superior Court on June 12,
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2012 (Case #S-1500-CV-276883-WDP). (Doc. 2-2 at 8-30.) On August 16, 2012, defendants
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Management & Training Corp., Adler, Stewart, Mann, Patrick, Logan, McBride, and Sy
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(“Removing Defendants”) removed the case to federal court by filing a Notice of Removal
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pursuant to 28 U.S.C. § 1441(a) (federal question). (Doc. 1.)
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On November 19, 2013, the Court dismissed Plaintiff=s Complaint for failure to state a
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claim, with leave to file an amended complaint within thirty days. (Doc. 6.) 28 U.S.C. '
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1915A; 28 U.S.C. ' 1915(e). In the November 19, 2013 order, the Court informed Plaintiff of
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the deficiencies in his Complaint, and dismissed the Complaint on the ground that Plaintiff had
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failed to state a claim upon which relief could be granted. To date, Plaintiff has not complied
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with the Court=s order.1 As a result, there is no pleading on file which sets forth any claims
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upon which relief may be granted.
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However, Plaintiff filed two motions for reconsideration of the Court’s screening order, both which
were denied. (Docs. 21-24.)
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Because Plaintiff has not filed an amended complaint, the Court shall recommend
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dismissal of the claims made in the original complaint with prejudice for failure to state a claim
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upon which the Court could grant relief. See Noll v. Carlson, 809 F.2d 1446, 1448 (9th
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Cir.1987)(prisoner must be given notice of deficiencies and opportunity to amend prior to
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dismissing for failure to state a claim).
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Accordingly, the court HEREBY RECOMMENDS that:
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1.
Pursuant to 28 U.S.C. ' 1915A and 28 U.S.C. ' 1915(e), this action be
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DISMISSED, with prejudice, based on Plaintiff=s failure to state a claim upon which relief may
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be granted under § 1983; and
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2.
This dismissal be subject to the Athree-strikes@ provision set forth in 28 U.S.C. '
1915(g). Silva v. Vittorio, 658 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 waive the right to appeal the District Court's order. Martinez v.
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Ylst, 951 F.2d 1153 (9th Cir. 1991).
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IT IS SO ORDERED.
Dated:
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January 30, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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