Garibay v. Kramer et al

Filing 6

FINDINGS and RECOMMENDATIONS Recommending this Action be Dismissed, with Prejudice, for failure to State a Claim upon which Relief may be Granted, and for Failure to Prosecute signed by Magistrate Judge Gary S. Austin on 05/21/2015. Referred to Judge Ishii; Objections to F&R due by 6/15/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN S. GARIBAY,

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Plaintiff,
vs.

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NORM KRAMER, et al.,

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Defendants.

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1:14-cv-01506-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,
AND FOR FAILURE TO PROSECUTE
(Doc. 2.)
OBJECTIONS, IF ANY, DUE IN
TWENTY DAYS

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John S. Garibay (“Plaintiff@) is a civil detainee proceeding pro se and in forma pauperis
with this civil rights action pursuant to 42 U.S.C. ' 1983.

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The Complaint commencing this action was filed by Plaintiff and fifteen co-plaintiffs

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on June 18, 2014. (Doc. 2.) On September 26, 2014, the court issued an order severing the

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plaintiffs’ claims, opening new cases for the plaintiffs, and ordering Plaintiff and each co-

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plaintiff to file a First Amended Complaint in his own action within thirty days. (Doc. 1.)

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Plaintiff was granted two extensions of time in which to file the First Amended Complaint, and

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his latest deadline expired on March 30, 2015. (Docs. 4, 5.) Plaintiff has not filed a First

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Amended Complaint or otherwise responded to any of the court orders. As a result, there is no

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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. ' 1915A

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and 28 U.S.C. ' 1915(e)(2), this action be DISMISSED, with prejudice, based on Plaintiff=s

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failure to state a claim upon which relief may be granted under section 1983, and for failure to

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prosecute.

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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 twenty

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(20) days after being served with these findings and recommendations, Plaintiff may file

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written objections with the court.

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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 waive the right to appeal the District Court's order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

Such a document should be captioned "Objections to

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IT IS SO ORDERED.
Dated:

May 21, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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