Hubbard v. Garcia et al

Filing 9

FINDINGS and RECOMMENDATION Recommending Dismissal of Action for Failure to State a Cognizable Claim Upon Which Relief May be Granted, signed by Magistrate Judge Stanley A. Boone on 8/6/14. Referred to Judge Ishii; 15-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ZANE HUBBARD,

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Plaintiff,
v.
SGT. GARCIA, et al.,

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Defendants.

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Case No.: 1:14-cv-00278-AWI-SAB (PC)
FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF ACTION
FOR FAILURE TO STATE A COGNIZABLE
CLAIM UPON WHICH RELIEF MAY BE
GRANTED
[ECF No. 8]

Plaintiff Zane Hubbard is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On June 17, 2014, the undersigned screened Plaintiff’s complaint and dismissed it for failure to

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state a claim under section 1983. Plaintiff was ordered to file an amended complaint within thirty

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days. More than thirty days have passed and Plaintiff failed to comply with or otherwise respond to

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the order. As a result, there is no pleading on file which sets forth any claims upon which relief may

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be granted.

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Accordingly,

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IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. § 1915A and 28 U.S.C. §

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1915(e), this action is HEREBY DISMISSED based on Plaintiff’s failure to state a claim upon which

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relief may be granted 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 AObjections to Magistrate Judge=s

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

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time may waive the right to appeal the District Court=s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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IT IS SO ORDERED.
Dated:

August 6, 2014
UNITED STATES MAGISTRATE JUDGE

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