(PS) Van den Heuvel v. Bowman et al

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/9/2020 RECOMMENDING that this action be dismissed without prejudice for failure to state a claim as set forth in the 4 order. Referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEAN MARC VAN DEN HEUVEL,

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No. 2:19-cv-806-JAM-EFB PS

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

ROBERT C. BOWMAN, LAURA RIECH,
STEVEN RAWSON,
Defendants.

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On August 6, 2020, the court screened plaintiff’s complaint pursuant to 28 U.S.C.

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§ 1915(e)(2). The court dismissed the complaint for failure to state a claim, explained the

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deficiencies therein, and granted plaintiff thirty days in which to file an amended complaint to

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cure the deficiencies. ECF No. 4. The order warned plaintiff that failure to file an amended

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complaint could result in the dismissal of this action. The time for acting has passed and plaintiff

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has not filed an amended complaint or otherwise responded to the court’s order. Thus, it appears

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that plaintiff is unable to cure the defects in the complaint.

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Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice
for failure to state a claim as set forth in the August 6, 2020 order (ECF No. 4).

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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.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez

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v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: September 9, 2020.

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