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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN S. GARIBAY, 12 13 Plaintiff, vs. 14 NORM KRAMER, et al., 15 Defendants. 16 17 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 18 19 20 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. 21 The Complaint commencing this action was filed by Plaintiff and fifteen co-plaintiffs 22 on June 18, 2014. (Doc. 2.) On September 26, 2014, the court issued an order severing the 23 plaintiffs’ claims, opening new cases for the plaintiffs, and ordering Plaintiff and each co- 24 plaintiff to file a First Amended Complaint in his own action within thirty days. (Doc. 1.) 25 Plaintiff was granted two extensions of time in which to file the First Amended Complaint, and 26 his latest deadline expired on March 30, 2015. (Docs. 4, 5.) Plaintiff has not filed a First 27 Amended Complaint or otherwise responded to any of the court orders. As a result, there is no 28 pleading on file which sets forth any claims upon which relief may be granted. 1 1 Accordingly, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. ' 1915A 2 and 28 U.S.C. ' 1915(e)(2), this action be DISMISSED, with prejudice, based on Plaintiff=s 3 failure to state a claim upon which relief may be granted under section 1983, and for failure to 4 prosecute. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within twenty 7 (20) days after being served with these findings and recommendations, Plaintiff may file 8 written objections with the court. 9 Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file 10 objections within the specified time may waive the right to appeal the District Court's order. 11 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Such a document should be captioned "Objections to 12 13 14 15 IT IS SO ORDERED. Dated: May 21, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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