Torosian v. City of Fresno et al

Filing 6

FINDINGS and RECOMMENDATIONS recommending that Plaintiff's complaint be dismissed with prejudice. Matter referred to Judge O'Neill; Objections to F&R due within twenty-eight (28) days after being served with these Findings and Recommendations; signed by Magistrate Judge Sheila K. Oberto on 7/8/2014. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID TOROSIAN,
Plaintiff,

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Case No. 1:14-cv-00128-LJO-SKO
FINDINGS AND RECOMMENDATIONS
THAT PLAINTIFF'S COMPLAINT BE
DISMISSED WITH PREJUDICE

v.

OBJECTIONS DUE: 28 DAYS
CITY OF FRESNO,
FRESNO POLICE DEPARTMENT, and
Does 1-20, inclusive,

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Defendants.
____________________________________/
I.

INTRODUCTION

On January 29, 2014, Plaintiff David Torosian ("Plaintiff") filed a complaint under the

22 Civil Rights Act, 42 U.S.C. § 1983, against the City of Fresno, Fresno Police Department, and
23 Does 1-20 (collectively, "Defendants") for violation of his Second Amendment rights. Plaintiff
24 also filed a motion to proceed in forma pauperis, which was granted.
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On May 8, 2014, the undersigned dismissed Plaintiff's complaint for failure to state a claim

26 upon which relief may be granted and ordered Plaintiff to file an amended complaint within thirty
27 (30) days. 28 U.S.C. § 1915(e). To date, Plaintiff has not complied with or otherwise responded
28 to the Court's order. As a result, there is no pleading on file which sets forth any claims upon

1 which relief may be granted.
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Accordingly,

pursuant

to

28

U.S.C.

§

1915(e),

the

undersigned

HEREBY

3 RECOMMENDS that this action be dismissed, with prejudice, based on Plaintiff's failure to state
4 any claims upon which relief may be granted.
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These Findings and Recommendations will be submitted to the United States District

6 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within
7 twenty-eight (28) days after being served with these Findings and Recommendations, Plaintiff
8 may file written objections with the Court. The document should be captioned "Objections to
9 Magistrate Judge's Findings and Recommendations."

Plaintiff is advised that failure to file

10 objections within the specified time may waive the right to appeal the District Court's order.
11 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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IT IS SO ORDERED.
Dated:

July 8, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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