Johnson v. Kramer

Filing 7

FINDINGS and RECOMMENDATION to Dismiss Action for Failure to State a Claim 1 Prisoner Civil Rights Complaint, signed by Magistrate Judge Dennis L. Beck on 10/7/15. Referred to Judge O'Neill. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMAR JOHNSON,
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Plaintiff,

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vs.
NORM KRAMER, et al.,
Defendants.

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1:15-CV-01338 LJO DLB PC
FINDINGS AND RECOMMENDATION TO
DISMISS ACTION FOR FAILURE TO
STATE A CLAIM
(FOURTEEN DAY DEADLINE)

Plaintiff Lamar Johnson (“Plaintiff”) is a civil detainee proceeding pro se and in forma

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pauperis in this civil rights action.
On January 8, 2015, Plaintiffs William Stafford and Lamar Johnson filed a civil rights
action in case number 1:15-cv-00038 LJO DLB PC. On September 2, 2015, the Court screened

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the complaint and issued an order dismissing the complaint, severing Plaintiffs’ claims, and

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directing the Clerk’s Office to open a new action for Plaintiff Johnson. On that same date, the

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Clerk’s Office opened the instant case with Plaintiff Johnson as the sole plaintiff. Plaintiff was

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directed to file an amended complaint within thirty days of the date of service of the order. Over

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thirty days have passed and Plaintiff has failed to file an amended complaint. In the Court’s

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order directing Plaintiff to file an amended complaint, the Court expressly stated: “If a Plaintiff

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fails to file an amended complaint in compliance with this order, his action will be dismissed,
with prejudice, for failure to state a claim.”

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RECOMMENDATION
Accordingly, the Court HEREBY RECOMMENDS that this action be dismissed with
prejudice for failure to state a claim.
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 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

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

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.
Dated:

/s/ Dennis

October 7, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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