Deutsch v. Enenmoh, et al.

Filing 15

FINDINGS and RECOMMENDATIONS to Dismiss Action for Failure to State a Claim, referred to Judge O'Neill, signed by Magistrate Judge Dennis L. Beck on 5/28/15. Objections to F&R Due Within Fourteen Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONALD DEUTSCH,
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Plaintiff,

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vs.
A. ENENMOH, et al.,
Defendants.

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1:13-CV-00504 LJO DLB PC
FINDINGS AND RECOMMENDATION TO
DISMISS ACTION FOR FAILURE TO
STATE A CLAIM
(FOURTEEN DAY DEADLINE)

Plaintiff Donald Deutsch (“Plaintiff”) is a state prisoner in the custody of the California
Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this
civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on April 8, 2013.
On December 29, 2014, the Court dismissed the complaint for failure to state a claim.

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Plaintiff was granted thirty (30) days to file an amended complaint. Plaintiff notified the Court

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of a changed address on January 23, 2015; therefore, the Court re-served the order on February

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2, 2015, and reset the deadline for filing an amended complaint. On February 4, 2015, Plaintiff

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filed a motion for a sixty (60) day extension of time. On February 6, 2015, the Court granted the

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motion for extension of time and extended the deadline by sixty days. On April 6, 2015, Plaintiff

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filed a motion for a thirty (30) day extension of time. On April 13, 2015, the Court granted

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Plaintiff a second extension of time and extended the deadline by an additional thirty (30) days to
May 18, 2015. The deadline for filing an amended complaint has now passed and Plaintiff has

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failed to file an amended complaint or otherwise communicate with the Court. Plaintiff was
forewarned that failure to file an amended complaint would result in dismissal with prejudice for
failure to state a claim.

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RECOMMENDATION

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Accordingly, the Court HEREBY RECOMMENDS that this action be dismissed based
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with prejudice for 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 Title 28 U.S.C. § 636(b)(l). Within fourteen

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(14) days after date of service of 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:

/s/ Dennis

May 28, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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