Logan v. Lonigro et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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)
Plaintiff Luke Logan (“Plaintiff”) is a prisoner in the custody of the California Department of
Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983. On August 7, 2013, the Court issued an order
dismissing the complaint, with leave to amend, for failure to state a claim. (ECF No. 13.) Plaintiff
was given thirty days to file an amended complaint and was cautioned that the failure to do so would
result in the dismissal of this action for failure to state a claim. Id. On September 5, 2013, the Court
issued an order granting Plaintiff’s motion for an extension of time to file an amended complaint.
(ECF No. 17.) More than thirty days has passed, and Plaintiff has not complied with or otherwise
responded to the Court’s order. As 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,
based on Plaintiff’s failure to state a claim.
These Findings and Recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty (30) days after
being served with these Findings and Recommendations, the parties may file written objections with
the court. Such a document should be captioned “Objections to Magistrate Judge's Findings and
Recommendations.” 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, 1157 (9th
IT IS SO ORDERED.
November 21, 2013
UNITED STATES MAGISTRATE JUDGE
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