Smith v. Albee et al

Filing 22

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/10/16 ORDERING that the Clerk of the Court is directed to assign a district judge to this case; and it is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL LENOIR SMITH,

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No. 2:15-cv-1598 KJN P

Plaintiff,
v.

ORDER AND FINDINGS &
RECOMMENDATIONS

DARREN ALBEE, et al.,
Defendants.

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By order filed November 13, 2015, plaintiff’s complaint was dismissed and thirty days

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leave to file an amended complaint was granted. After being granted multiple extensions of time,

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plaintiff was granted up to and including May 2, 2016, in which to file his amended complaint.

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That date has now passed, and plaintiff has not filed an amended complaint, or otherwise

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responded to the court’s order.

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In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is
directed to assign a district judge to this case; and
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See
Local Rule 110; Fed. R. Civ. P. 41(b).

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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.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: May 10, 2016

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/cw/smit1598.fta

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