Brooks v. Cate et al

Filing 13

FINDINGS and RECOMMENDATIONS Regarding Dismissal of 1 Action signed by Magistrate Judge Barbara A. McAuliffe on 07/29/2014. Referred to Judge O'Neill; 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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STEVEN D. BROOKS,

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Plaintiff,

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v.
M. CATE, et al.,
Defendants.

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1:13-cv-01276-LJO-BAM (PC)
FINDINGS AND RECOMMENDATIONS
REGARDING DISMISSAL OF ACTION
FOURTEEN-DAY DEADLINE

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Plaintiff Steven D. Brooks (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on

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August 14, 2013.

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On June 16, 2014, the Court dismissed Plaintiff’s complaint for failure to state a claim,

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

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1915(e). Plaintiff was warned that if he failed to file an amended complaint in compliance with

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the order, this action would be dismissed for failure to obey a court order.

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The deadline for Plaintiff to file his amended complaint has passed and Plaintiff has not

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complied with or otherwise responded to the Court’s order. As a result, there is no pleading on

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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 obey a court order

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and failure to state a claim.
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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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