Weatherington v. Rios et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sandra M. Snyder on 6/1/2016 recommending that action be dismissed. Referred to Judge Anthony W. Ishii; Objections to F&R due within 14-Days. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MONTE WEATHERINGTON,

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Plaintiff,

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v.
S. RIOS, et al.,

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Case No. 1:14-cv-0906 AWI DLB PC
FINDINGS AND RECOMMENDATION
REGARDING DISMISSAL OF ACTION FOR
FAILURE TO STATE A CLAIM FOR RELIEF
FOURTEEN-DAY DEADLINE

Defendants.

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Plaintiff Monte Weatherington, (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on June 12, 2014. On March 16, 2015, the Court screened the

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complaint and determined Plaintiff stated a cognizable claim under the Fourth Amendment against

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Defendant Arranquin. The Court found no other cognizable claims. Plaintiff was given the option to

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proceed on his cognizable claim or file a First Amended Complaint (“FAC”). Plaintiff elected to file

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a FAC and did so on June 1, 2015.

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On April 27, 2016, the Court screened the complaint and found it failed to state a cognizable

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claim for relief. Plaintiff was directed to file a Second Amended Complaint within thirty days. Over

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thirty days have passed and Plaintiff has failed to comply. Plaintiff was advised that failure to

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comply would result in dismissal of the action with prejudice for failure to state a claim.

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RECOMMENDATION

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Accordingly, the Court HEREBY RECOMMENDS that this action be dismissed with

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prejudice for failure to state a claim for relief.
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 fourteen (14)

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days after date of service of 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 Judge's

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

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specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d

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1153 (9th Cir. 1991).

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IT IS SO ORDERED.
Dated:

June 1, 2016

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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