Smith v. GMAC Mortgage Co. et al

Filing 6

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 4/15/11 recommending that this action be dismissed without prejudice. Objections due within fourteen days after being served with these findings and recommendations. (Duong, D)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SAMUEL SMITH,

11

Plaintiff,

12
13

No. CIV S-10-3131 MCE DAD (TEMP) PS

vs.
GMAC MORTGAGE CO., et al.,

14

Defendants.

FINDINGS & RECOMMENDATIONS
/

15
By order filed March 9, 2011, plaintiff's complaint was dismissed and thirty days
16
leave to file an amended complaint was granted. The thirty day period has now expired, and
17
plaintiff has not filed an amended complaint or otherwise responded to the court's order.
18
IT IS HEREBY RECOMMENDED that this action be dismissed without
19
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
20
These findings and recommendations are submitted to the United States District
21
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
22
days after being served with these findings and recommendations, plaintiff may file written
23
objections with the court. The document should be captioned “Objections to Magistrate Judge's
24
Findings and Recommendations.” Plaintiff is advised that failure to file objections within the
25
/////
26
1

1

specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951

2

F.2d 1153 (9th Cir. 1991).

3

DATED: April 15, 2011.

4
5
6
7
8

dad1:JMM
smith10cv3131.fta

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2