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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VERNON LEE JONES,

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Plaintiff,
vs.
JAMES HARTLEY, et al.,

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Defendants.

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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

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Vernon Lee Jones ("Plaintiff"), a former state prisoner proceeding pro se and in forma

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pauperis, filed the Complaint commencing this civil rights action pursuant to 42 U.S.C. ' 1983

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on October 3, 2013. (Doc. 1.) On March 19, 2015, the Court dismissed Plaintiff=s Complaint

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for failure to state a claim, with leave to amend within thirty days. 28 U.S.C. ' 1915A; 28

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U.S.C. ' 1915(e). (Doc. 13.) The thirty day deadline to amend the Complaint has expired, and

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Plaintiff has not filed an amended complaint or otherwise responded to the Court’s order. As a

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result, there is no pleading on file which sets forth any claims upon which relief may be

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granted.
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Accordingly, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. ' 1915A

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and 28 U.S.C. ' 1915(e), this action be DISMISSED, with prejudice, based on Plaintiff=s failure

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to state a claim upon which relief may be granted under section 1983.

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These findings and recommendations are 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 thirty

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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. Such a 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 result in the waiver of rights on appeal. Wilkerson v. Wheeler,

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772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir.

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1991)).

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IT IS SO ORDERED.
Dated:

May 16, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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