Ramey v. Franco et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/1/17 RECOMMENDING that this action be dismissed with prejudice and this case closed. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA m

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JOHNNEY RAMEY,

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Plaintiff,

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No. 2:16-cv-2107 JAM CKD P

v.

FINDINGS AND RECOMMENDATIONS

J. FRANCO, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a complaint

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pursuant to 42 U.S.C. § 1983. On October 20, 2016, plaintiff’s original complaint was dismissed,

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and plaintiff was granted leave to file an amended complaint. (ECF No. 10.) Plaintiff’s amended

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complaint is now before the court for screening. (ECF No. 16.) See 28 U.S.C. § 1915A(a).

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The court must dismiss a complaint or portion thereof if the prisoner has raised claims that

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are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or

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that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. §

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1915A(b)(1), (2). Having reviewed the amended complaint, the undersigned concludes that it

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fails to cure the defects of the original complaint, discussed in the October 20, 2016 screening

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order, or state a claim for relief against any defendant. Because it appears that another round of

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amendment would be futile, the undersigned will recommend dismissal of this action.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed with
prejudice and this case closed.

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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: March 1, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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