Aguila v. Woodward et al

Filing 8

FINDINGS and RECOMMENDATION Recommending Dismissal of Action for Failure to State a Cognizable Claim Upon Which Relief May Be Granted 5 , signed by Magistrate Judge Stanley A. Boone on 3/19/15: Thirty-Day Deadline. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN L. AGUILA, 12 13 14 15 Plaintiff, v. WOODWARD, et al., Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-01523-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. 5] Plaintiff Juan L. Aguila is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On December 22, 2014, the Court dismissed Plaintiff’s complaint and ordered Plaintiff to 20 either file an amended complaint or notify the Court of his willingness to proceed only on the claim 21 found to be cognizable, within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was 22 warned that if he failed to comply, this action would be dismissed, without prejudice, for failure to 23 obey a court order. On January 5, 2015, Plaintiff filed a notice of change of address, and the Findings 24 and Recommendations was re-served on Plaintiff on February 3, 2015. (ECF No. 6.) More than thirty 25 days have passed, and Plaintiff has not complied with or otherwise responded to the order. As a result, 26 there is no pleading on file which sets forth any claims upon which relief may be granted. 27 28 Accordingly, IT IS HEREBY RECOMMENDED that this action be DISMISSED, with prejudice, for failure to state a cognizable claim upon which may be granted. 1 1 This Findings and Recommendation will be submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days 3 after being served with this Findings and Recommendation, Plaintiff may file written objections with 4 the Court. 5 Recommendation.” Plaintiff is advised that failure to file objections within the specified time may 6 result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 7 (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). The document should be captioned “Objections to Magistrate Judge’s Findings and 8 9 10 11 IT IS SO ORDERED. Dated: March 19, 2015 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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