(PS) Jenkins v. California Department of Corrections and Rehabilitations, No. 2:2017cv02632 - Document 4 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/29/2018 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Washington, S)
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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 JAMAL A JENKINS, 12 Plaintiff, 13 14 15 No. 2:17-cv-2632 JAM DB PS v. FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, 16 Defendant. 17 Plaintiff, Jamal Jenkins, is proceeding in this action pro se. This matter was referred to 18 19 the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order 20 signed May 11, 2018, plaintiff’s complaint was dismissed and plaintiff was granted leave to file 21 an amended complaint that cured the defects noted in that order. (ECF No. 3.) Plaintiff was 22 granted twenty-eight days from the date of that order to file an amended complaint and was 23 specifically cautioned that the failure to respond to the court’s order in a timely manner would 24 result in a recommendation that this action be dismissed. The twenty-eight day period has 25 expired, and plaintiff has not responded to the court’s order in any manner. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 26 27 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 28 //// 1 1 These findings and recommendations will be submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court. A document containing objections should be titled “Objections to Magistrate 5 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 6 the specified time may waive the right to appeal the District Court’s order. See Martinez v. Ylst, 7 951 F.2d 1153 (9th Cir. 1991). 8 Dated: June 29, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DLB:6 DB/orders/orders.pro se/jenkins2632.fta.f&rs 26 27 28 2