Recino v. Unknown

Filing 19

FINDINGS and RECOMMENDATIONS recommending that this Action be DISMISSED Based on Plaintiff's Failure to Obey a Court Order and Failure to State a Claim re 1 Complaint signed by Magistrate Judge Barbara A. McAuliffe on 7/2/2015. Referred to Judge O'Neill. Objections to F&R due within fourteen (14) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERTO R. RECINO,

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Plaintiff,

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v.

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UNKNOWN,

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Defendant.

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1:15-cv-00362-LJO-BAM (PC)
FINDINGS AND RECOMMENDATIONS
REGARDING DISMISSAL OF ACTION
FOR FAILURE TO OBEY A COURT
ORDER AND FAILURE TO STATE A
CLAIM
(ECF Nos. 14, 18)
FOURTEEN-DAY DEADLINE

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Plaintiff Roberto R. Recino (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On May 5, 2015, the Court dismissed Plaintiff’s complaint with leave to amend within

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thirty days. 28 U.S.C. § 1915A. Plaintiff was warned that if he failed to file an amended

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complaint in compliance with the order, this action would be dismissed for failure to obey a

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court order and failure to state a claim. Plaintiff’s amended complaint was due on or before June

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8, 2015. (ECF No. 11.) On June 11, 2015, the Court granted Plaintiff a fifteen-day extension of

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time to file his amended complaint. (ECF No. 18.) The deadline for Plaintiff to file his amended

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complaint has passed and Plaintiff has not complied with the Court’s order or otherwise

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contacted the Court. As a result, there is no pleading on file which sets forth any claims upon

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which relief may be granted.

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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), IT IS HEREBY

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RECOMMENDED that this action be dismissed based on Plaintiff’s failure to obey a court order

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and failure to state a claim.

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These Findings and Recommendations will be submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within

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fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may

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file written objections with the Court. The document should be captioned “Objections to

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Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file

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objections within the specified time may result in the waiver of the “right to challenge the

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magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir.

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2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 2, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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