(PS) Smith v. United States, No. 2:2010cv01537 - Document 14 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS, recommending that action be dismissed without prejudice, signed by Magistrate Judge Kimberly J. Mueller on 11/2/2010. Within 14 days after being served with these F/Rs, plaintiff may file written Objections with Court. (Marciel, M)
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(PS) Smith v. United States Doc. 14 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM DALE SMITH, Plaintiff, 11 12 13 No. CIV S-10-1537 JAM KJM PS vs. UNITED STATES, Defendant. 14 FINDINGS & RECOMMENDATIONS / 15 By order filed September 24, 2010, plaintiff's complaint was dismissed and thirty 16 17 days leave to file an amended complaint was granted. The thirty day period has now expired, 18 and plaintiff has not filed an amended complaint or otherwise responded to the court's order.1 IT IS HEREBY RECOMMENDED that this action be dismissed without 19 20 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 21 22 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 23 days after being served with these findings and recommendations, plaintiff may file written 24 1 25 26 Although it appears from the file that plaintiff’s copy of the September 24, 2010 order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 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: November 2, 2010. 6 7 006 smith-usa.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2