Smith v. Deuel Vocational Institute et al

Filing 11

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/11/2016 RECOMMENDING that this action be dismissed without prejudice; Referred to District Judge Kimberly J. Mueller; Objections due within 21 days after being served with these F & R's. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH ARDELL SMITH,

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No. 2:15-cv-1380 KJM AC P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

DEUEL VOCATIONAL INSTITUTE et
al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed

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pursuant to 42 U.S.C. § 1983. By order dated June 15, 2016, plaintiff’s complaint was dismissed

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and thirty days leave to amend was granted. ECF No. 8. Plaintiff was warned that failure to file

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an amended complaint would result in dismissal of this action. Id. at 8. To date, plaintiff has not

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filed an amended complaint or otherwise responded to the court’s order.

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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 are submitted to the United States District Judge

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

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings
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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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DATED: October 11, 2016

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