Dury v. Ciufo

Filing 17

FINDINGS and RECOMMENDATIONS Regarding Dismissal of 6 Action for Failure to State a Claim signed by Magistrate Judge Barbara A. McAuliffe on 07/29/2014. Referred to Judge Ishii; Objections to F&R due by 8/18/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW JAMES DURY,

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Plaintiff,
v.
J. CIUFO,
Defendant.

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1:13-cv-00595-AWI-BAM (PC)
FINDINGS AND RECOMMENDATIONS
REGARDING DISMISSAL OF ACTION
FOR FAILURE TO STATE A CLAIM
FOURTEEN-DAY DEADLINE

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Plaintiff Matthew James Dury (“Plaintiff”) is a federal prisoner proceeding pro se and in

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forma pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal

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Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971). Plaintiff initiated this action on April

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24, 2013. Plaintiff filed a first amended complaint on May 6, 2013.

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On June 13, 2014, the Court dismissed Plaintiff’s first amended complaint for failure to

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state a claim, with leave to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28

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U.S.C. § 1915(e). Plaintiff was warned that if he failed to file an amended complaint in

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compliance with the order, this action would be dismissed for failure to state a claim.

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The deadline for Plaintiff to file his second amended complaint has passed and Plaintiff

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has not complied with or otherwise responded to the Court’s order. As a result, there is no

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pleading on file which sets forth any claims upon which relief may be granted.

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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), IT IS HEREBY

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RECOMMENDED that this action be dismissed based on Plaintiff’s failure to state any claims

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upon which relief may be granted.

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These findings and recommendations will be submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C.§ 636(b)(l). Within

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fourteen (14) days after being served with these findings and recommendations, Plaintiff may file

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written objections with the Court. The 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.

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Dated:

/s/ Barbara

July 29, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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