Williams v. Davey et al

Filing 11

FINDINGS and RECOMMENDATIONS recommending that pursuant to 28:1915A and 28:1915(e), this case be Dismissed, with prejudice, based on Plaintiff's failure to state a claim upon which relief may be granted under 1983 re 1 Prisoner Civil Rights Complaint filed by John Williams ; referred to Judge Drozd,signed by Magistrate Judge Gary S. Austin on 11/17/2017. Objections to F&R due 14-Day deadline (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN WILLIAMS, 12 13 Plaintiff, vs. 14 DAVID DAVEY, et al., 15 Defendants. 16 1:17-cv-00300-DAD-GSA-PC FINDINGS AND RECOMMENDATION, RECOMMENDING THAT THIS CASE BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM (ECF No. 1.) OBJECTIONS, IF ANY, DUE IN FOURTEEN (14) DAYS 17 18 19 20 21 John Williams (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 22 with this civil rights action pursuant to 42 U.S.C. § 1983. On March 3, 2017, Plaintiff filed the 23 Complaint commencing this action. (ECF No. 1.) 24 On October 3, 2017, the court issued an order dismissing Plaintiff’s Complaint for 25 failure to state a claim, with leave to file an amended complaint within thirty days. (ECF No. 26 9.) The thirty-day deadline has now expired, and Plaintiff has not filed an amended complaint 27 or otherwise responded to the court’s order. As a result, there is no pleading on file which sets 28 forth any claims upon which relief 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 case be DISMISSED, with prejudice, based on Plaintiff’s failure 3 to state a claim upon which relief may be granted under § 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). 6 fourteen (14) days from the date of service of these findings and recommendations, Plaintiff 7 may file written objections with the court. Such a document should be captioned “Objections 8 to 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)). Within 12 13 14 15 IT IS SO ORDERED. Dated: November 17, 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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