Hernandez v. California Correctional Healthcare Services
Filing
10
FINDINGS and RECOMMENDATIONS Recommending to Dismiss This Action, With Prejudice, for Failure to State a Claim 9 , signed by Magistrate Judge Dennis L. Beck on 6/23/14: 30-Day Deadline for Objections. (Hellings, J)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
FRANCISCO HERNANDEZ,
11
Plaintiff,
12
13
14
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
15
Case No. 1:13-cv-01468-LJO-DLB PC
FINDINGS AND RECOMMENDATIONS
RECOMMENDING TO DISMISS THIS
ACTION, WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM
(ECF No. 9)
Defendants.
16
17
Plaintiff Francisco Hernandez (“Plaintiff”) is a prisoner in the custody of the California
18
Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
19
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 23, 2014, the Court
20
issued an order dismissing the complaint, with leave to amend, for failure to state a claim. (ECF No.
21
9.) Plaintiff was given thirty days to file an amended complaint and was cautioned that the failure to
22
do so would result in the dismissal of this action for failure to state a claim. Id. More than thirty
23
days has passed, and Plaintiff has not complied with or otherwise responded to the Court’s order. As
24
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,
25
26
based on Plaintiff’s failure to state a claim.
27
///
28
///
1
1
These Findings and Recommendations are submitted to the United States District Judge
2
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty (30) days after
3
being served with these Findings and Recommendations, the parties may file written objections with
4
the court. Such a document should be captioned “Objections to Magistrate Judge's Findings and
5
Recommendations.” The parties are advised that failure to file objections within the specified time
6
may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th
7
Cir. 1991).
8
9
10
11
IT IS SO ORDERED.
Dated:
/s/ Dennis
June 23, 2014
L. Beck
UNITED STATES MAGISTRATE JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?