(PC) Smith v. Solano County District Attorney's Office, No. 2:2010cv01901 - Document 11 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 11/30/10 RECOMMENDING that this action be dismissed without prejudice re 1 Prisoner Civil Rights Complaint filed by Mark Anthony Smith. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Smith v. Solano County District Attorney's Office Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK ANTHONY SMITH, Plaintiff, 11 No. 2:10-cv-1901 MCE JFM (PC) 12 vs. 13 14 15 16 SOLANO COUNTY DISTRICT ATTORNEY’S OFFICE, Defendants. FINDINGS & RECOMMENDATIONS / 17 By order filed October 18, 2010, plaintiff’s complaint was dismissed and thirty 18 days leave to file an amended complaint was granted. The thirty day period has now expired, 19 and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 20 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 21 22 without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 24 days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Any response to the objections shall be filed and served 1 Dockets.Justia.com 1 within fourteen days after service of the objections. Plaintiff is advised that failure to file 2 objections within the specified time may waive the right to appeal the District Court’s order. 3 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: November 30, 2010. 5 6 7 8 /014;smit1901.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2