Bjorlin v. McDonald, et al

Filing 16

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/18/12 recommending that this action be dismissed for failure to prosecute, as frivolous, and for failure to state a claim. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL P. BJORLIN,

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Plaintiff,

No. 2:10-cv-1825 WBS EFB P

vs.

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M.D. MCDONALD, et al.,

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Defendants.

FINDINGS AND RECOMMENDATIONS
/

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On May 3, 2012, the court dismissed plaintiff’s complaint as frivolous, for

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failure to state a cognizable claim and for failure to comply with Rule 8 of the Federal Rules of

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Civil Procedure. The dismissal order explained the complaint’s deficiencies, gave plaintiff 30

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days to file an amended complaint correcting those deficiencies, and warned plaintiff that failure

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to file an amended complaint would result in a recommendation that this action be dismissed as

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frivolous and for failure to state a claim.
The 30-day period has expired and plaintiff has not filed an amended complaint or

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otherwise responded to the court’s order.

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Accordingly, it is hereby RECOMMENDED that this action be DISMISSED for failure

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to prosecute, as frivolous, and for failure to state a claim. Fed. R. Civ. P. 41(b); 28 U.S.C.

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§ 1915A(b).

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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 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: June 18, 2012.

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