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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN WILLIAMS,

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Plaintiff,
vs.

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DAVID DAVEY, et al.,

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Defendants.

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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

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John Williams (“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 March 3, 2017, Plaintiff filed the

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Complaint commencing this action. (ECF No. 1.)

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On October 3, 2017, the court issued an order dismissing Plaintiff’s Complaint for

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failure to state a claim, with leave to file an amended complaint within thirty days. (ECF No.

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9.) The thirty-day deadline has now expired, and Plaintiff has not filed an amended complaint

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

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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 case be DISMISSED, with prejudice, based on Plaintiff’s failure

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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).

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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:

November 17, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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