(PC) Watkins v. Imlach ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND CHAD WATKINS, 1:18-cv-01007-AWI-GSA-PC 12 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE BE 13 v. DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM 14 IMLACH, et al., (ECF No. 1.) 15 OBJECTIONS, IF ANY, DUE IN FOURTEEN Defendants. (14) DAYS 16 17 18 19 20 21 Raymond Chad Watkins (“Plaintiff”) is a state hospital detainee proceeding pro se and 22 in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On July 26, 2018, 23 Plaintiff filed the Complaint commencing this action. (ECF No. 1.) 24 On July 15, 2019, the court issued an order dismissing Plaintiff’s Complaint for failure 25 to state a claim, with leave to file an amended complaint within thirty days. (ECF No. 15.) 26 The thirty-day deadline has now expired, and Plaintiff has not filed an amended complaint or 27 otherwise responded to the court’s order. As a result, there is no pleading on file which sets 28 forth any claims upon which relief may be granted. 1 Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. Pursuant to 28 U.S.C. § 1915(e)(2), this case be DISMISSED, with prejudice, 3 based on Plaintiff’s failure to state a claim upon which relief may be granted 4 under § 1983; and 5 2. The Clerk of Court 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 8 fourteen (14) days from the date of service of these findings and recommendations, Plaintiff 9 may file written objections with the court. Such a document should be captioned “Objections 10 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 11 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 12 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 13 (9th Cir. 1991)). 14 IT IS SO ORDERED. 15 16 Dated: September 6, 2019 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28