(PC) Calvin D. Holt v. Alvarado ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CALVIN HOLT, 1:19-cv-00930-NONE-GSA-PC 12 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE BE 13 vs. DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM 14 M. ALVARADO, et al., (ECF No. 1.) 15 OBJECTIONS, IF ANY, DUE IN Defendants. FOURTEEN (14) DAYS 16 17 18 Calvin Holt (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action 19 pursuant to 42 U.S.C. § 1983. On March 19, 2019, Plaintiff filed the Complaint commencing this 20 action in the Kings County Superior Court in Hanford, California, case number 19C0135. (ECF 21 No. 1 at 5.) On July 3, 2019, the case was removed to Federal court under 28 U.S.C. § 1441(a) by 22 defendants M. Alvarado, A. Shaw, S. Sherman, and M. Owens (“Defendants”). (Id. at 1.) 23 On August 21, 2020, the court screened Plaintiff’s Complaint under 28 U.S.C. § 1915A 24 and dismissed the Complaint for failure to state a claim, with leave to amend within thirty days. 25 (ECF No. 9.) The thirty-day deadline has now expired and Plaintiff has not filed an amended 26 complaint or otherwise responded to the court’s order. As a result, there is no pleading on file 27 which sets forth any claims upon which relief may be granted. 28 1 Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. Pursuant to 28 U.S.C. § 1915A, this case be DISMISSED, with prejudice, based on 3 Plaintiff’s failure to state a claim upon which relief may be granted under § 1983; 4 and 5 2. The Clerk be directed to close this case. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 8 (14) days from the date of service of these findings and recommendations, Plaintiff may file 9 written objections with the court. Such a document should be captioned “Objections to Magistrate 10 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 11 the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 12 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13 IT IS SO ORDERED. 14 15 Dated: November 23, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28