Ainsworth v. Foulk
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/4/2014 RECOMMENDING that this action be dismissed for failure to state a claim. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MAURICE AINSWORTH,
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Plaintiff,
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v.
No. 2:14-cv-0479 KJM CKD P
FINDINGS AND RECOMMENDATIONS
FRED FOULK, et al.,
Defendants.
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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, who seeks relief
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pursuant to 42 U.S.C. § 1983. On April 21, 2014, plaintiff’s complaint was dismissed with thirty
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days’ leave to amend. (ECF No. 10.) Plaintiff has filed an amended complaint, now before the
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court. (ECF No. 11.)
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The court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The
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court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally
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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek
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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).
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Having reviewed the amended complaint, the undersigned concludes that it fails to cure
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the defects of the original complaint as discussed in the April 21, 2014 screening order. Because
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it appears that another round of amendment would be futile, the undersigned will recommend that
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this action be dismissed.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for failure
to state a claim.
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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, plaintiff may file written objections
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with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings
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and Recommendations.” Plaintiff is advised that failure to file objections within the specified
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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153
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(9th Cir. 1991).
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Dated: June 4, 2014
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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2 / ains0479.fac
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