Smith v. Sacramento Sheriff Main Jail

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/23/11 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH A. SMITH,

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Plaintiff,

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No. CIV S-10-2917 KJM DAD PS

vs.
SACRAMENTO SHERIFF
MAIN JAIL,

FINDINGS AND RECOMMENDATIONS

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Defendant.
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/
By order signed May 18, 2011, plaintiff’s pro se complaint was dismissed with

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leave to file an amended complaint that cured the defects noted in that order. Plaintiff was

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granted thirty days from the date of the order to file an amended complaint and was cautioned

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that failure to respond to the court’s order in a timely manner may result in a recommendation

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that this action be dismissed. The thirty-day period has expired, and plaintiff has not responded

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to the court’s order in any manner.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed
without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
These findings and recommendations will be submitted to the United States

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District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within

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fourteen days after being served with these findings and recommendations, plaintiff may file
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written objections with the court. A document containing objections should be titled “Objections

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to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file

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objections within the specified time may waive the right to appeal the District Court’s order. See

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: June 23, 2011.

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DAD:kw
Ddad1\orders.pro se\smith2917.fta

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