Smith v. Stockton Police Department, et al

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/17/2016 RECOMMENDING that the 9 Amended Complaint be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Jackson, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERESA SMITH, 12 13 14 15 No. 2:16-cv-0493 KJM DB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS STOCKTON POLICE DEPARTMENT, et al., 16 Defendants. 17 18 By order signed July 22, 2016, plaintiff’s second amended complaint was dismissed and 19 plaintiff was granted leave to file a third amended complaint that cured the defects noted in that 20 order. (ECF No. 10.) Plaintiff was granted thirty days from the date of service of the order to file 21 a third amended complaint and was specifically cautioned that the failure to respond to the court’s 22 order in a timely manner would result in a recommendation that this action be dismissed. The 23 thirty-day period has long since expired, and plaintiff has not responded to the court’s order in 24 any manner. 25 26 27 28 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 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. A document containing objections should be titled “Objections to Magistrate 3 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 4 the specified time may waive the right to appeal the District Court’s order. See Martinez v. Ylst, 5 951 F.2d 1153 (9th Cir. 1991). 6 Dated: October 17, 2016 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DLB:6 DLB1\ se\smith0493.fta.f&rs 27 28 2

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