Dunigan v. United States et al

Filing 16

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/5/11, RECOMMENDING that this action be dismissed for failure to state a claim. Matter referred to Judge England. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN DUNIGAN,
Plaintiff,

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vs.

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No. CIV S-10-2965 MCE EFB P

UNITED STATES, et al.,
Defendants.

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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 April 5, 2011, the court dismissed plaintiff’s complaint for failure to state a

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claim. The dismissal order explained the complaint’s deficiencies, gave plaintiff thirty days to

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

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an amended complaint would result in a recommendation that this action be dismissed for failure

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to state a claim. On May 6, 2011, the court granted plaintiff’s request for an extension of time

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and gave plaintiff an additional thirty days in which to file his amended complaint.
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 to
state a claim. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(g).

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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: July 5, 2011.

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