Ramey v. Franco et al
Filing
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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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