(PC) Leslie v. Claborn ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DESHAWN DESHAY LESLIE, 1:19-cv-00366-NONE-GSA-PC 12 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE BE 13 v. DISMISSED FOR FAILURE TO STATE A CLAIM 14 JEREMY CLABORNE, et al., (ECF No. 11.) 15 Defendants. OBJECTIONS, IF ANY, DUE IN FOURTEEN (14) DAYS 16 17 18 19 Deshawn Deshay Leslie (“Plaintiff”) is a state prisoner proceeding pro se and in forma 20 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On March 19, 2019, Plaintiff 21 filed the Complaint commencing this action. (ECF No. 1.) On May 1, 2019, Plaintiff filed the 22 First Amended Complaint as a matter course. (ECF No. 10.) 23 The court screened the First Amended Complaint and issued an order on July 28, 2020, 24 dismissing the First Amended Complaint for violation of Rules 18 and 20, with leave to amend. 25 (ECF No. 17.) On July 9, 2021, Plaintiff filed the Second Amended Complaint. (ECF No. 29.) 26 On October 4, 2021, the court dismissed the Second Amended Complaint for failure to 27 state a claim with leave to amend within thirty days. (ECF No. 32.) The thirty-day deadline has 28 now expired and Plaintiff has not filed a Third Amended Complaint or otherwise responded to 1 the court’s order. As a result, there is no pleading on file which sets forth any claims upon which 2 relief may be granted. 3 Accordingly, IT IS HEREBY RECOMMENDED that: 4 1. Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be 5 DISMISSED, based on Plaintiff’s failure to state a claim upon which relief may 6 be granted under § 1983; and 7 2. The Clerk of Court be directed to close this case. 8 These findings and recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 10 (14) days from the date of service of these findings and recommendations, Plaintiff may file 11 written objections with the court. Such a document should be captioned “Objections to 12 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 13 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 14 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 15 (9th Cir. 1991)). 16 IT IS SO ORDERED. 17 18 Dated: November 29, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28