Cottrell v. Ogbuehi et al

Filing 15

FINDINGS and RECOMMENDATION Recommending Dismissal of 1 Action for Failure to State a Cognizable Claim for Relief signed by Magistrate Judge Stanley A. Boone on 6/27/2014. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 7/18/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DALE L. COTTRELL,

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Plaintiff,

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v.

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FELIX IGBINOSA, et al.,

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Defendants.

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Case No.: 1:13-cv-01530-LJO-SAB (PC)
FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF ACTION
FOR FAILURE TO STATE A COGNIZABLE
CLAIM FOR RELIEF
[ECF nos. 10, 14]

Plaintiff Dale L. Cottrell is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On March 25, 2014, Plaintiff’s complaint was dismissed with leave to amend for failure to

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state a cognizable claim for relief. After requesting and receiving two extensions of time, Plaintiff has

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failed to file an amended complaint in compliance with the Court’s March 25, 2014, order. As a

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result, there is no pleading on file which sets forth a cognizable claim for relief.

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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), the undersigned

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HEREBY RECOMMENDS that the instant action be dismissed, with prejudice, based on Plaintiff’s

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failure to state a cognizable claim for relief under section 1983.

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These Findings and Recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fifteen (15)

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days after being served with these Findings and Recommendations, Plaintiff may file written
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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d

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1153 (9th Cir. 1991).

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IT IS SO ORDERED.
Dated:

June 27, 2014
UNITED STATES MAGISTRATE JUDGE

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