Vernon Lee Jones v. Beard et al
FINDINGS and RECOMMENDATIONS, Recommending that this 10 Action be Dismissed, with Prejudice, for Failure to State a Claim upon which Relief may be Granted; Objections, if any, Due in Thirty Days signed by Magistrate Judge Gary S. Austin on 5/16/2015. Referred to Judge Anthony W. Ishii. Objections to F&R due by 6/22/2015. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
VERNON LEE JONES,
JAMES HARTLEY, et al.,
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS ACTION
BE DISMISSED, WITH PREJUDICE,
FOR FAILURE TO STATE A CLAIM
UPON WHICH RELIEF MAY BE
OBJECTIONS, IF ANY, DUE IN THIRTY
Vernon Lee Jones ("Plaintiff"), a former state prisoner proceeding pro se and in forma
pauperis, filed the Complaint commencing this civil rights action pursuant to 42 U.S.C. ' 1983
on October 3, 2013. (Doc. 1.) On March 19, 2015, the Court dismissed Plaintiff=s Complaint
for failure to state a claim, with leave to amend within thirty days. 28 U.S.C. ' 1915A; 28
U.S.C. ' 1915(e). (Doc. 13.) The thirty day deadline to amend the Complaint has expired, and
Plaintiff has not filed an amended complaint or otherwise responded to the Court’s order. As a
result, there is no pleading on file which sets forth any claims upon which relief may be
Accordingly, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. ' 1915A
and 28 U.S.C. ' 1915(e), this action be DISMISSED, with prejudice, based on Plaintiff=s failure
to state a claim upon which relief may be granted under section 1983.
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 thirty
days after being served with these findings and recommendations, Plaintiff may file written
objections with the court. Such a document should be captioned "Objections to Magistrate
Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections
within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler,
772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir.
IT IS SO ORDERED.
May 16, 2015
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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