Shehee v. King
Filing
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FINDINGS and RECOMMENDATIONS, Recommending that this Action be Dismissed, with Prejudice, for Failure to State a Claim Upon Which Relief may be Granted, signed by Magistrate Judge Gary S. Austin on 12/1/14. Objections, if any, Due in Thirty Days. Referred to Judge Ishii. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GREGORY ELL SHEHEE,
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Plaintiff,
vs.
AUDREY KING,
Defendant.
1:14-cv-00590-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. 12.)
OBJECTIONS, IF ANY, DUE IN THIRTY
DAYS
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Gregory Ell Shehee (“Plaintiff@) is a civil detainee proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint
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commencing this action on April 23, 2014. (Doc. 1.)
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On October 17, 2014, the Court dismissed Plaintiff=s Complaint for failure to state a
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claim, with leave to file an Amended Complaint within thirty days. (Doc. 12.) To date,
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Plaintiff has not complied with or otherwise responded to the Court=s order. As a result, there
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is no pleading on file which sets forth any claims upon which relief may be granted.
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Accordingly, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. ' 1915(e),
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this action be DISMISSED, with prejudice, based on Plaintiff=s failure to state a claim upon
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which relief may be granted under § 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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__ F.3d __, __, No. 11-17911, 2014 WL 6435497, at *3 (9th Cir. Nov. 18, 2014) (citing Baxter
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v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
December 1, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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