(PC) Smith v. Shasta County Jail et al

Filing 22

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/8/2021 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES EDWARD SMITH

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Plaintiff,

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v.

No. 2:21-cv-00877-JAM-CKD

FINDINGS AND RECOMMENDATIONS

SHASTA COUNTY JAIL, et al.

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Defendants.

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By order filed September 1, 2021, plaintiff’s complaint was dismissed and thirty days

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leave to file an amended complaint was granted. ECF No. 14. Plaintiff was granted an extension

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of time and the allotted period has now expired. ECF No. 21. However, plaintiff has not filed an

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amended complaint or otherwise responded to the court’s order.
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 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, plaintiff may file written objections

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with the court. The 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: November 18, 2021
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/smit0877.fta(1).docx

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