Moreno v. Castel

Filing 7

FINDINGS And RECOMMENDATIONS Recommending Dismissal Of Action For Failure To State A Cognizable Claim Upon Which Relief May Be Granted (ECF No. 5 ), signed by Magistrate Judge Stanley A. Boone on 1/20/2015. F&R's referred to Judge Anthony W. Ishii; Objections to F&R due by 2/23/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FERNANDO MORENO,

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Plaintiff,

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v.

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CASTEL,

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Defendant.

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Case No.: 1:14-cv-01356-AWI-SAB (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF ACTION
FOR FAILURE TO STATE A COGNIZABLE
CLAIM UPON WHICH RELIEF MAY BE
GRANTED
[ECF No. 5]

Plaintiff Fernando Moreno is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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On December 3, 2014, Plaintiff’s complaint was dismissed with leave to amend for failure to

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state a cognizable claim for relief, and an amended complaint was due within thirty days. 28 U.S.C. §

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1915A; 28 U.S.C. § 1915(e). Plaintiff has failed to file an amended complaint or otherwise respond to

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the Court’s order. As a result, there is no pleading on file which sets forth any claims upon which

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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:

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This action be DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim

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upon which relief may be granted under section 1983; and

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2.

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1915(g). Silva v. Di Vittorio, 658 F.3d 1090, 1098-99 (9th Cir. 2011).

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

This dismissal be subject to the “three-strikes” provision set forth in 28 U.S.C.§

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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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January 20, 2015
UNITED STATES MAGISTRATE JUDGE

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