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