Cross v. Kings County District Attorney's Office et al

Filing 17

FINDINGS and RECOMMENDATIONS Recommending Dismissal of 15 Action for Failure to State a Cognizable Claim upon Which Relief may be Granted signed by Magistrate Judge Stanley A. Boone on 02/18/2015. Referred to Judge Ishii; Objections to F&R due by 3/23/2015.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEROME LEE CROSS,

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Plaintiff,

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v.
KINGS COUNTY DISTRICT
ATTORNEY’S OFFICE, et al.,

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Defendants.

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Case No.: 1:14-cv-01073-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. 16]

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Plaintiff Jerome Lee Cross is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On December 30, 2014, the Court dismissed Plaintiff’s second amended complaint for failure

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to state a cognizable claim under section 1983 and granted Plaintiff one final opportunity to further

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amend within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). More than thirty days have

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passed and Plaintiff has not complied with or otherwise responded to the Court’s order. As a result,

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there is no pleading on 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, with prejudice, based on Plaintiff’s failure to state

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a claim upon which 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 thirty (30) days

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after being served with these Findings and Recommendations, Plaintiff may file written objections
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with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time may

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result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)

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

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IT IS SO ORDERED.

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Dated:

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February 18, 2015
UNITED STATES MAGISTRATE JUDGE

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