Aguila v. Woodward et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JUAN L. AGUILA,
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Plaintiff,
v.
WOODWARD, et al.,
Defendants.
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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.
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On December 22, 2014, the Court dismissed Plaintiff’s complaint and ordered Plaintiff to
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either file an amended complaint or notify the Court of his willingness to proceed only on the claim
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found to be cognizable, within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was
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warned that if he failed to comply, this action would be dismissed, without prejudice, for failure to
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obey a court order. On January 5, 2015, Plaintiff filed a notice of change of address, and the Findings
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and Recommendations was re-served on Plaintiff on February 3, 2015. (ECF No. 6.) More than thirty
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days have passed, and Plaintiff has not complied with or otherwise responded to the order. As a result,
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there is no pleading on file which sets forth any claims upon which relief may be granted.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be DISMISSED, with
prejudice, for failure to state a cognizable claim upon which may be granted.
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This Findings and Recommendation will be 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 thirty (30) days
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after being served with this Findings and Recommendation, Plaintiff may file written objections with
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the Court.
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Recommendation.” 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)).
The document should be captioned “Objections to Magistrate Judge’s Findings and
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IT IS SO ORDERED.
Dated:
March 19, 2015
UNITED STATES MAGISTRATE JUDGE
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