Godoy v. Sacramento County Sheriff's Office et al

Filing 19

FINDINGS and RECOMMENDATIONS Recommending that this Case be Dismissed, with Prejudice, for Failure to State a Claim; Objections, if any, Due in Fourteen (14) Days signed by Magistrate Judge Gary S. Austin on 6/25/2019. Referred to Judge Dale A. Drozd. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK GODOY,

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Plaintiff,
vs.
SACRAMENTO COUNTY SHERIFF’S
OFFICE, et al.,
Defendants.

1:17-cv-00809-DAD-GSA-PC
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS CASE BE
DISMISSED. WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM
(ECF No. 14.)
OBJECTIONS, IF ANY, DUE IN
FOURTEEN (14) DAYS

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Frank Godoy (“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 June 15, 2017, Plaintiff filed the

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Complaint commencing this action. (ECF No. 1.) On June 27, 2018, the court dismissed the

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Complaint for failure to state a claim, with leave to amend. (ECF No. 13.) On July 13, 2018,

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Plaintiff filed the First Amended Complaint. (ECF No. 14.)

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On April 30, 2019, the court dismissed the First Amended Complaint, with leave to file

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a Second Amended Complaint within thirty days. (ECF No. 17.) The thirty-day deadline has

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now expired and Plaintiff has not filed a Second Amended Complaint, or otherwise responded to

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the court’s order. As a result, there is no pleading on file which sets forth any claims upon which

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relief may be granted.
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Accordingly, IT IS HEREBY RECOMMENDED that:

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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

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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). Within fourteen

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(14) days from the date of service of these findings and recommendations, Plaintiff may file

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written objections with the court.

The clerk be directed to close this case.

Such a document should be captioned “Objections to

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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)).

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IT IS SO ORDERED.
Dated:

June 25, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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