Oden v. State of California, et al.

Filing 13

FINDINGS and RECOMMENDATIONS Regarding Dismissal of Action for Failure to Obey a Court Order and Failure to State a Claim 11 , signed by Magistrate Judge Barbara A. McAuliffe on 3/25/15: 14-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DERRICK JESUS ODEN, SR.,

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Plaintiff,
v.
STATE OF CALIFORNIA, et al.,
Defendants.

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1:14-cv-00873-LJO-BAM (PC)
FINDINGS AND RECOMMENDATIONS
REGARDING DISMISSAL OF ACTION
FOR FAILURE TO OBEY A COURT
ORDER AND FAILURE TO STATE A
CLAIM
(ECF No. 12)
FOURTEEN-DAY DEADLINE

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Plaintiff Derrick Jesus Oden, Sr., (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this

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action on June 9, 2014.

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On February 13, 2015, the Court dismissed Plaintiff’s first amended complaint with leave

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to amend within thirty days. 28 U.S.C. § 1915A. Plaintiff was warned that if he failed to file a

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second amended complaint in compliance with the order, this action would be dismissed for

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failure to obey a court order and failure to state a claim. More than thirty days have passed, and

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Plaintiff has not complied with or otherwise responded to the order.

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The deadline for Plaintiff to file his amended complaint has passed and Plaintiff has not

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complied with or otherwise responded to the Court’s order. As a result, there is no pleading on

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file which sets forth any claims upon which relief may be granted.

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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), IT IS HEREBY

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RECOMMENDED that this action be dismissed based on Plaintiff’s failure to obey a court order

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and failure to state a claim.

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These Findings and Recommendations will be submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within

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fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may

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file written objections with the Court. The document should be captioned “Objections to

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Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file

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objections within the specified time may result in the waiver of the “right to challenge the

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magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir.

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2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 25, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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