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Shehee v. Beuster

United States District Court, Eastern District of California

January 16, 2015

GREGORY ELL SHEHEE, Plaintiff,
v.
YVONNE BEUSTER, et al., Defendants.

FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION (ECF No. 12)

Plaintiff Gregory Ell Shehee ("Plaintiff) is a civil detainee proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on January 27, 2014.

On December 9, 2014, the Court dismissed Plaintiffs complaint for failure to state a claim with leave to file an amended complaint within thirty days. 28 U.S.C. § 1915(e). Plaintiff was warned that if he failed to file an amended complaint in compliance with the order, this action would be dismissed for failure to obey a court order and for failure to state a claim.

The deadline for Plaintiff to file his amended complaint has passed and Plaintiff has not complied with or otherwise responded to the Court's order. As a result, there is no pleading on file which sets forth any claims upon which relief may be granted.

Accordingly, pursuant to 28 U.S.C. § 1915(e), IT IS HEREBY RECOMMENDED that this action be dismissed based on Plaintiffs failure to state a claim and failure to obey a court order.

These Findings and Recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may file written objections with the Court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may result in the waiver of the "right to challenge the magistrate's factual findings" on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan. 923 F.2d 1391, 1394 (9th Cir. 1991)).

IT IS SO ORDERED.


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