Albert Valdez v. Pleasant Valley State Prison et al
Filing
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FINDINGS and RECOMMENDATIONS, Recommending That This Case be Dismissed, With Prejudice, for Failure to State a Claim 15 , signed by Magistrate Judge Gary S. Austin on 3/30/2018: 14-Day Deadline. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALBERT VALDEZ,
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Plaintiff,
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vs.
WARDEN OF PVSP, et al.,
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Defendants.
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1:16-cv-01599-DAD-GSA-PC
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS CASE BE
DISMISSED. WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM
(ECF No. 15.)
OBJECTIONS, IF ANY, DUE IN FOURTEEN
(14) DAYS
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Albert Valdez (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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with this civil rights action pursuant to 42 U.S.C. § 1983. On October 13, 2016, Plaintiff filed
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the Complaint commencing this action at the United States District Court for the Central
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District of California. (ECF No. 1.) On October 21, 2016, Plaintiff’s case was transferred to
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this court. (ECF No. 5.)
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The court screened the Complaint pursuant to 28 U.S.C. § 1915A and issued an order
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on August 28, 2017, dismissing the Complaint for failure to state a claim, with leave to amend.
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(ECF No. 12.) On October 25, 2017, Plaintiff filed the First Amended Complaint. (ECF No.
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15.)
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On February 12, 2018, the court issued an order dismissing Plaintiff’s First Amended
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for failure to state a claim, with leave to file an amended complaint within thirty days. (ECF
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No. 17.) The thirty-day deadline has now expired, and Plaintiff has not filed an 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:
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1.
Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be
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DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon
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which relief may be granted under § 1983; and
This dismissal be subject to the “three strikes” provision of 28 U.S.C. § 1915(g).
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2.
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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).
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fourteen (14) days from the date of service of these findings and recommendations, Plaintiff
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may file written objections with the court. Such a document should be captioned “Objections
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to 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)).
Within
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IT IS SO ORDERED.
Dated:
March 30, 2018
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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