-DAD (TEMP)(PS) Smith v. GMAC Mortgage Co. et al, No. 2:2010cv03131 - Document 6 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 4/15/11 recommending that this action be dismissed without prejudice. Objections due within fourteen days after being served with these findings and recommendations. (Duong, D)
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-DAD (TEMP)(PS) Smith v. GMAC Mortgage Co. et al Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL SMITH, 11 Plaintiff, 12 13 No. CIV S-10-3131 MCE DAD (TEMP) PS vs. GMAC MORTGAGE CO., et al., 14 Defendants. FINDINGS & RECOMMENDATIONS / 15 By order filed March 9, 2011, plaintiff's complaint was dismissed and thirty days 16 leave to file an amended complaint was granted. The thirty day period has now expired, and 17 plaintiff has not filed an amended complaint or otherwise responded to the court's order. 18 IT IS HEREBY RECOMMENDED that this action be dismissed without 19 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 20 These findings and recommendations are submitted to the United States District 21 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 22 days after being served with these findings and recommendations, plaintiff may file written 23 objections with the court. The document should be captioned “Objections to Magistrate Judge's 24 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 25 ///// 26 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: April 15, 2011. 4 5 6 7 8 dad1:JMM smith10cv3131.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2