(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES L. BROOKS,

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Plaintiff,

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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

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On July 30, 2020, the Court dismissed Plaintiff’s Complaint for failure to state a claim,

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with leave to file a First Amended Complaint within thirty days. (ECF No. 11.) On October 9,

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2020, Plaintiff was granted a forty-five day extension of time to file the First Amended

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Complaint. (ECF No. 14.) The forty-five day time period has now expired and Plaintiff has not

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filed a First Amended Complaint nor requested a further extension of time. As a result, there is

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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

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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:

January 6, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE