Langston v. Roesser
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/10/2017 RECOMMENDING this action be dismissed without prejudice and this case closed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA m
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WALTER SHANE LANGSTON,
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No. 2:16-cv-2362 MCE CKD P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
ROESSER,
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Defendant.
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Plaintiff is a state prisoner proceeding pro se with a complaint pursuant to 42 U.S.C. §
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1983. On January 31, 2017, plaintiff’s first amended complaint was dismissed for failure to state
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a claim, and plaintiff was granted leave to amend a second time. (ECF No. 11.) Plaintiff’s
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second amended complaint is now before the court for screening. (ECF No. 16.) See 28 U.S.C. §
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1915A(a).
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Having reviewed the second amended complaint, the undersigned concludes that it fails to
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cure the defects discussed in the January 31, 2017 screening order or state a cognizable claim
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against defendant Roesser. Because it appears that another round of amendment would be futile,
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the undersigned will recommend dismissal of this action.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice and this case closed.
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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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th
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Cir. 1991).
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Dated: May 10, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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