(PS)Smith v. Stockton Social Security Office et al, No. 2:2017cv00329 - Document 4 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/22/17 RECOMMENDING that this action be DISMISSED without prejudice. Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERESA Y. SMITH, 12 13 14 15 No. 2:17-cv-0329 KJM DB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS STOCKTON SOCIAL SECURITY, et al., Defendants. 16 17 Plaintiff, Teresa Smith, is proceeding in this action pro se. This matter was referred to the 18 undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order filed 19 May 4, 2017, plaintiff’s complaint was dismissed and plaintiff was granted leave to file an 20 amended complaint. (ECF No. 3.) Plaintiff was granted twenty-eight days from the date of that 21 order to file an amended complaint. The twenty-eight day period has expired, and plaintiff has 22 not responded to the court’s order in any manner. 23 24 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations will be submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) 27 days after being served with these findings and recommendations, plaintiff may file written 28 objections with the court. A document containing objections should be titled “Objections to 1 1 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 2 objections within the specified time may, under certain circumstances, waive the right to appeal 3 the District Court’s order. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: June 22, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DLB:6 DB/orders/orders.pro se/smith0329.fta.f&rs 26 27 28 2

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