(PS) Smith v. Medical Department Division, No. 2:2011cv03112 - Document 4 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/17/12 RECOMMENDING that this action be dismissed with prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). Referred to Judge Lawrence K. Karlton;Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)

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(PS) Smith v. Medical Department Division Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH SMITH, 11 12 Plaintiff, No. CIV S-11-3112 LKK GGH PS vs. 13 14 MEDICAL DEPARTMENT DIVISION, 15 Defendant. 16 17 FINDINGS & RECOMMENDATIONS / By order filed January 6, 2012, plaintiff’s complaint was dismissed and twenty- 18 eight days leave to file an amended complaint was granted. In that order, the court informed 19 plaintiff of the deficiencies in his complaint. The twenty-eight day period has now expired, and 20 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 21 Plaintiff has apparently decided to rest on the dismissed complaint. For the 22 reasons given in the January 6, 2012, order, IT IS HEREBY RECOMMENDED that this action 23 be dismissed with prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 DATED: February 17, 2012 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 6 GGH:076/Smith3112.fta.wpd 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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