Jenkins v. California Department of Corrections and Rehabilitations

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/29/2018 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMAL A JENKINS,

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Plaintiff,

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No. 2:17-cv-2632 JAM DB PS

v.

FINDINGS AND RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATIONS,

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Defendant.

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Plaintiff, Jamal Jenkins, is proceeding in this action pro se. This matter was referred to

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the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order

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signed May 11, 2018, plaintiff’s complaint was dismissed and plaintiff was granted leave to file

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an amended complaint that cured the defects noted in that order. (ECF No. 3.) Plaintiff was

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granted twenty-eight days from the date of that order to file an amended complaint and was

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specifically cautioned that the failure to respond to the court’s order in a timely manner would

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result in a recommendation that this action be dismissed. The twenty-eight day period has

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expired, and plaintiff has not responded to the court’s order in any manner.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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These findings and recommendations will be 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, 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: June 29, 2018

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DLB:6
DB/orders/orders.pro se/jenkins2632.fta.f&rs

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