(PC) Brooks v. Santoro et al

Filing 15

FINDINGS and RECOMMENDATIONS, Recommending that this Case be Dismissed, with Prejudice, for Failure to State a Claim signed by Magistrate Judge Gary S. Austin on 01/06/2021. Referred to Judge Ishii; Objections to F&R due with Fourteen-Days. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES L. BROOKS, 12 Plaintiff, 13 14 15 16 vs. KELLY SANTORO, et al., Defendants. 1:19-cv-00599-AWI-GSA-PC FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM (ECF No. 11.) OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN (14) DAYS 17 18 19 20 21 22 23 On July 30, 2020, the Court dismissed Plaintiff’s Complaint for failure to state a claim, 24 with leave to file a First Amended Complaint within thirty days. (ECF No. 11.) On October 9, 25 2020, Plaintiff was granted a forty-five day extension of time to file the First Amended 26 Complaint. (ECF No. 14.) The forty-five day time period has now expired and Plaintiff has not 27 filed a First Amended Complaint nor requested a further extension of time. As a result, there is 28 no pleading on file which sets forth any claims upon which relief may be granted. 1 Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be 3 DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon 4 which relief may be granted under § 1983; and 5 2. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 8 (14) days from the date of service of these findings and recommendations, Plaintiff may file 9 written objections with the court. The Clerk be directed to CLOSE this case. Such a document should be captioned “Objections to 10 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 11 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 12 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 13 (9th Cir. 1991)). 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: January 6, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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