Cook v. Stanislaus et al

Filing 10

FINDINGS and RECOMMENDATIONS recommending that the Complaint be DISMISSED with Prejudice for Failure to State a Claim; Clerk of Court be DIRECTED to terminate the action re 2 Prisoner Civil Rights Complaint ;referred to Judge O'Neill,signed by Magistrate Judge Dennis L. Beck on 9/15/15. Objections to F&R due by 10/5/2015 (Martin-Gill, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10
11
12
13
14
15

) 1:14-cv-01656 LJO DLB PC
)
) FINDINGS AND RECOMMENDATION
)
)
)
)
)
)
)

JAMES THOMAS COOK,
Plaintiff,
vs.
DR. ANDREW HO, et al.,
Defendants.

16
17

Plaintiff James Thomas Cook (“Plaintiff”) is a state prisoner proceeding pro se and in

18

forma pauperis in this civil rights action. Plaintiff filed this action on October 20, 2014. He

19

names Dr. Andrew Ho as Defendant.

20
21
22

On August 3, 2015, the Court screened Plaintiff’s Complaint and found that it failed to
state a cognizable claim for relief. Plaintiff was granted leave to file an amended complaint
within thirty (30) days of the date of service of the order. Plaintiff was advised that failure to file

23

an amended complaint would result in dismissal for failure to state a claim. Over thirty days
24
25
26
27
28

have passed and Plaintiff has failed to file an amended complaint.
RECOMMENDATION
Accordingly, the Court HEREBY RECOMMENDS:
1. The Complaint be DISMISSED WITH PREJUDICE for failure to state a claim; and
1

1

2. The Clerk of Court be DIRECTED to terminate the action.

2

These Findings and Recommendations are submitted to the United States District Judge

3
4
5
6

assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen
(14) days after date of service of these Findings and Recommendations, Plaintiff may file written
objections with the Court. Such a document should be captioned “Objections to Magistrate
Judge's Findings and Recommendations.” Plaintiff is advised that failure to file objections

7

within the specified time may waive the right to appeal the District Court's order. Martinez v.
8
9
10

Ylst, 951 F.2d 1153 (9th Cir. 1991).
IT IS SO ORDERED.

11
12

Dated:

/s/ Dennis

September 15, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2