Maldonado et al v. Medical Employees et al

Filing 17

FINDINGS and RECOMMENDATIONS Recommending Dismissal of 5 Action for Failure to File an Amended Complaint signed by Magistrate Judge Stanley A. Boone on 1/30/2014. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 3/6/2014. (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.
MEDICAL EMPLOYEES, et al.,

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Defendants.

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Case No.: 1:12-cv-01824-LJO-SAB (PC)
FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF ACTION
FOR FAILURE TO FILE AN AMENDED
COMPLAINT
[ECF No. 16]

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 December 12, 2013, the undersigned dismissed Plaintiff’s complaint for failure to state a

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claim upon which relief may be granted and ordered Plaintiff to file an amended complaint within

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thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date, Plaintiff has not complied with or

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otherwise responded to the Court’s order. As a result, there is no pleading on file which sets forth any

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claims upon which relief may be granted under section 1983, and dismissal of the action is

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appropriate.

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Accordingly,

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IT IS HEREBY ORDERED that this action is dismissed, with prejudice, based on Plaintiff’s

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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 Judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within thirty (30) 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 AObjections 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:

January 30, 2014
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

ah0l4d

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