Blackmon v. Benavides et al

Filing 18

FINDINGS and RECOMMENDATIONS Recommending that this Action be Dismissed, with Prejudice, for Failure to State a Claim Upon Which Relief My be Granted, signed by Magistrate Judge Gary S. Austin on 10/27/17. Referred to Judge Drozd. Objections to F&R Due Within 14-Days. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 1:16-cv-01773-DAD-GSA-PC TED BLACKMON, Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (ECF No. 15.) vs. M. JUNIOUS, et al., Defendants. OBJECTIONS, IF ANY, DUE IN FOURTEEN (14) DAYS 16 17 18 19 20 Ted Blackmon (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 21 action pursuant to 42 U.S.C. § 1983.) Plaintiff filed the Complaint commencing this action on 22 November 22, 2016. (ECF No. 1.) 23 On August 28, 2017, the court screened the Complaint and issued an order dismissing 24 the Complaint for failure to state a claim, with leave to file an amended complaint within thirty 25 days. (ECF No. 15.) 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). The thirty-day deadline has 26 passed and Plaintiff has not filed an amended complaint or otherwise responded to the court’s 27 order. As a result, there is no pleading on file which sets forth any claims upon which relief 28 may be granted. 1 1 Accordingly, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. § 1915A 2 and 28 U.S.C. § 1915(e), this action be DISMISSED, with prejudice, based on Plaintiff’s 3 failure to state a claim upon which relief may be granted under section 1983. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 6 (14) days from the date of service of these findings and recommendations, Plaintiff may file 7 written objections with the court. 8 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 9 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 10 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 11 (9th Cir. 1991)). Such a document should be captioned “Objections to 12 13 14 15 IT IS SO ORDERED. Dated: October 27, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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