(PC) Brooks v. Santoro ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES L. BROOKS, 1:19-cv-00599-AWI-GSA-PC 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CASE, WITH PREJUDICE, 13 vs. FOR FAILURE TO STATE A CLAIM (ECF No. 11.) 14 KELLY SANTORO, et al., OBJECTIONS, IF ANY, DUE IN 15 Defendants. FOURTEEN (14) DAYS 16 17 18 19 On July 30, 2020, the Court dismissed Plaintiff’s Complaint for failure to state a claim, 20 with leave to file a First Amended Complaint within thirty days. (ECF No. 11.) The thirty-day 21 time period has now expired, and Plaintiff has not filed a First Amended Complaint or otherwise 22 responded to the Court’s order. As a result, there is no pleading on file which sets forth any 23 claims upon which relief may be granted. 24 Accordingly, IT IS HEREBY RECOMMENDED that: 25 1. Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be 26 DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon 27 which relief may be granted under § 1983; and 28 2. The Clerk be directed to CLOSE this case. 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 3 (14) days from the date of service of these findings and recommendations, Plaintiff may file 4 written objections with the court. Such a document should be captioned “Objections to 5 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 6 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 7 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 8 (9th Cir. 1991)). 9 IT IS SO ORDERED. 10 11 Dated: September 21, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28