Vernon Lee Jones v. Beard et al

Filing 14

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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VERNON LEE JONES, 12 13 14 Plaintiff, vs. JAMES HARTLEY, et al., 15 Defendants. 16 1:13-cv-01590-AWI-GSA (PC) FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (Doc. 10.) OBJECTIONS, IF ANY, DUE IN THIRTY DAYS 17 18 19 20 21 Vernon Lee Jones ("Plaintiff"), a former state prisoner proceeding pro se and in forma 22 pauperis, filed the Complaint commencing this civil rights action pursuant to 42 U.S.C. ' 1983 23 on October 3, 2013. (Doc. 1.) On March 19, 2015, the Court dismissed Plaintiff=s Complaint 24 for failure to state a claim, with leave to amend within thirty days. 28 U.S.C. ' 1915A; 28 25 U.S.C. ' 1915(e). (Doc. 13.) The thirty day deadline to amend the Complaint has expired, and 26 Plaintiff has not filed an amended complaint or otherwise responded to the Court’s order. As a 27 result, there is no pleading on file which sets forth any claims upon which relief may be 28 granted. 1 1 Accordingly, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. ' 1915A 2 and 28 U.S.C. ' 1915(e), this action be DISMISSED, with prejudice, based on Plaintiff=s failure 3 to state a claim upon which relief may be granted under section 1983. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within thirty 6 days after being served with these findings and recommendations, Plaintiff may file written 7 objections with the court. Such a document should be captioned "Objections to Magistrate 8 Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections 9 within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 10 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 11 1991)). 12 13 14 15 IT IS SO ORDERED. Dated: May 16, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 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?