Bernard L. Smith v. Hawkins

Filing 16

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/17/2014 RECOMMENDING that this case be closed. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BERNARD L. SMITH,

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Plaintiff,

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No. 2:14-cv-2222-KJM-EFB P

v.

FINDINGS AND RECOMMENDATIONS

UNKNOWN,

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Defendant.

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Bernard L. Smith is a state prisoner proceeding without counsel. This action was opened

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when he filed letters directed to the Mule Creek State Prison Chief Medical Officer, and to United

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States District Judge Thelton E. Henderson. ECF Nos. 1, 2. He subsequently filed a motion for

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leave to proceed in forma pauperis and a motion a temporary restraining order. ECF Nos. 8, 12.

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He has not, however, properly commenced a civil action.
By order dated October 15, 2014, the court informed plaintiff that a “[c]complaint is

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necessary for the commencement of a civil action. Fed. R. Civ. P. 3.” ECF No. 15. That order

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granted Mr. Smith 30 days to properly commence a civil action, and warned him that failure to do

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so could result in this case being closed. Those 30 days have passed and Mr. Smith has not filed

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a complaint or otherwise responded to the court’s order. As Mr. Smith has not submitted a

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complaint, there is simply no case before the court.

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Accordingly, it is hereby RECOMMENDED that this case be closed.

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These findings and recommendations are submitted to the United States District Judge

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

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: November 17, 2014.

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