Fields v. Beard, et al.

Filing 46

FINDINGS and RECOMMENDATIONS to Dismiss Case for Failure to State a Claim, signed by Magistrate Judge Gary S. Austin on 8/26/17. Objections to F&R Due Within Fourteen Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN FIELDS,

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1:15-cv-00666-DAD-GSA-PC
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS
TO DISMISS CASE FOR FAILURE TO
STATE A CLAIM
(ECF No. 38.)

JEFFREY BEARD, et al.,
Defendants.

OBJECTIONS, IF ANY, DUE IN
FOURTEEN (14) DAYS

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On April 6, 2017, the court issued an order dismissing Plaintiff’s First Amended

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Complaint for failure to state a claim, with leave to file a Second Amended Complaint within

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thirty days. (ECF No. 38.) Plaintiff subsequently requested and was granted three thirty-day

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extensions of time to file the Second Amended Complaint. (ECF Nos. 39, 40, 42, 43, 44, 45.)

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The latest thirty-day deadline has now expired and Plaintiff has not filed a Second Amended

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Complaint or otherwise responded to the court’s order. As a result, there is no pleading on file

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which sets forth any claims upon which relief may be granted.

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Accordingly, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. § 1915A

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and 28 U.S.C. § 1915(e), this action be DISMISSED, with prejudice, based on Plaintiff’s

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failure to state a claim upon which relief may be granted under § 1983.

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These findings and recommendations are 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 fourteen
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(14) days after the date of service of these findings and recommendations, Plaintiff may file

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written objections with the court.

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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 rights on appeal. Wilkerson v.

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Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394

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(9th Cir. 1991)).

Such a document should be captioned “Objections to

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IT IS SO ORDERED.
Dated:

August 26, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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