Logan v. Lonigro et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LUKE LOGAN,
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Plaintiff,
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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)
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Defendants.
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Plaintiff Luke Logan (“Plaintiff”) is a prisoner in the custody of the California Department of
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Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in forma pauperis in
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this civil rights action pursuant to 42 U.S.C. § 1983. On August 7, 2013, the Court issued an order
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dismissing the complaint, with leave to amend, for failure to state a claim. (ECF No. 13.) Plaintiff
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was given thirty days to file an amended complaint and was cautioned that the failure to do so would
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result in the dismissal of this action for failure to state a claim. Id. On September 5, 2013, the Court
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issued an order granting Plaintiff’s motion for an extension of time to file an amended complaint.
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(ECF No. 17.) More than thirty days has passed, and Plaintiff has not complied with or otherwise
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responded to the Court’s order. As a result, there is no pleading on file which sets forth any claims
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upon which relief may be granted.
Accordingly, it is HEREBY RECOMMENDED that this action be dismissed, with prejudice,
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based on Plaintiff’s failure to state a claim.
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///
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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 28 U.S.C. § 636(b)(l). Within thirty (30) days after
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being served with these Findings and Recommendations, the parties may file written objections with
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the court. Such a document should be captioned “Objections to Magistrate Judge's Findings and
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Recommendations.” The parties are advised that failure to file objections within the specified time
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may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th
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Cir. 1991).
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IT IS SO ORDERED.
Dated:
/s/ Dennis
November 21, 2013
L. Beck
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
3b142a
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