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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERESA SMITH,

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No. 2:16-cv-0493 KJM DB PS
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

STOCKTON POLICE DEPARTMENT, et
al.,

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Defendants.

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By order signed July 22, 2016, plaintiff’s second amended complaint was dismissed and

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plaintiff was granted leave to file a third amended complaint that cured the defects noted in that

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order. (ECF No. 10.) Plaintiff was granted thirty days from the date of service of the order to file

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a third amended complaint and was specifically cautioned that the failure to respond to the court’s

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order in a timely manner would result in a recommendation that this action be dismissed. The

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thirty-day period has long since expired, and plaintiff has not responded to the court’s order in

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any manner.

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

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with the court. A document containing objections should be titled “Objections to Magistrate

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Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within

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

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

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Dated: October 17, 2016

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DLB:6
DLB1\orders.pro se\smith0493.fta.f&rs

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