Wilson v. Tuolumne County et al

Filing 11

FINDINGS and RECOMMENDATIONS recommending that this Case be DISMISSED With Prejudice Based on Plaintiff's Failure to State a Claim Upon Which Relief May Be Granted Under Section 1983 and this Dismissal be Subject to the "Three Strikes" Provision of 28 U.S.C. 1915(g) re 1 Prisoner Civil Rights Complaint signed by Magistrate Judge Gary S. Austin on 9/7/2018. Referred to Judge O'Neill. Objections to F&R due within fourteen (14) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER JOHN WILSON,
Plaintiff,

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v.

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TUOLUMNE COUNTY, et al.,

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1:17-cv-01354-LJO-GSA-PC
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS CASE BE
DISMISSED, WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM
(ECF No. 1.)
OBJECTIONS, IF ANY, DUE WITHIN
FOURTEEN DAYS

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Christopher John Wilson (“Plaintiff”), a Tuolumne County Jail inmate, is proceeding pro

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se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On October

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10, 2017, Plaintiff filed the Complaint commencing this action. (ECF No. 1.)

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The court screened the Complaint and issued an order on July 23, 2018, dismissing the

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Complaint for failure to state a claim, with leave to file an amended complaint within 30 days.

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(ECF No. 9.) The thirty-day deadline has expired, and Plaintiff has not filed an amended

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complaint or otherwise responded to the court’s order.

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As a result, there is no pleading on file 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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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). Within fourteen

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

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written objections with the court.

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 waive the right to appeal the District Court’s order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.
Dated:

September 7, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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