1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LACHOY ROYCHELLE DAVIS, 1:18-cv-01719-LJO-GSA-PC 12 Plaintiff, FINDINGS AND RECOMMENDATIONS, 13 RECOMMENDING THAT THIS CASE BE v. DISMISSED. WITH PREJUDICE, FOR 14 FAILURE TO STATE A CLAIM J. ANDRADE, et al., (ECF No. 1.) 15 Defendants. OBJECTIONS, IF ANY, DUE IN FOURTEEN 16 (14) DAYS 17 18 19 20 21 Lachoy Roychelle Davis (“Plaintiff”) is a state prisoner proceeding pro se and in forma 22 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On December 19, 2018, 23 Plaintiff filed the Complaint commencing this action. (ECF No. 1.) 24 On October 3, 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. 9.) The 26 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 forth 28 any claims upon which relief may be granted. 1 Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be 3 DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon 4 which relief may be granted under § 1983; 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 10 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: November 22, 2019 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28