Logan v. Lonigro et al

Filing 19

FINDINGS and RECOMMENDATIONS recommending that this Action be DISMISSED, With Prejudice, Based on Plaintiff's Failure to State a Claim re 1 Prisoner Civil Rights Complaint, signed by Magistrate Judge Dennis L. Beck on 11/21/2013. Referred to Judge O'Neill. Objections to F&R due within thirty (30) days. (Jessen, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LUKE LOGAN, 11 Plaintiff, 12 13 v. Case No. 1:13-cv-00002-LJO-DLB PC FINDINGS AND RECOMMENDATIONS RECOMMENDING TO DISMIS THIS ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM A. LONIGRO, et al., (ECF Nos. 13 & 17) 14 Defendants. 15 Plaintiff Luke Logan (“Plaintiff”) is a prisoner in the custody of the California Department of 16 17 Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. On August 7, 2013, the Court issued an order 19 dismissing the complaint, with leave to amend, for failure to state a claim. (ECF No. 13.) Plaintiff 20 was given thirty days to file an amended complaint and was cautioned that the failure to do so would 21 result in the dismissal of this action for failure to state a claim. Id. On September 5, 2013, the Court 22 issued an order granting Plaintiff’s motion for an extension of time to file an amended complaint. 23 (ECF No. 17.) More than thirty days has passed, and Plaintiff has not complied with or otherwise 24 responded to the Court’s order. As a result, there is no pleading on file which sets forth any claims 25 upon which relief may be granted. Accordingly, it is HEREBY RECOMMENDED that this action be dismissed, with prejudice, 26 27 based on Plaintiff’s failure to state a claim. 28 /// 1 1 These Findings and Recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty (30) days after 3 being served with these Findings and Recommendations, the parties may file written objections with 4 the court. Such a document should be captioned “Objections to Magistrate Judge's Findings and 5 Recommendations.” The parties are advised that failure to file objections within the specified time 6 may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th 7 Cir. 1991). 8 9 10 11 12 IT IS SO ORDERED. Dated: /s/ Dennis November 21, 2013 L. Beck UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 3b142a 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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