(PC) Smith v. San Joaquin County Sheriff's Department, No. 2:2018cv01998 - Document 20 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/27/18 DIRECTING the clerk to randomly assign a district judge. District Judge William B. Shubb added. It is further recommended that this action be dismissed without prejudice. Referred to Judge William D. Shubb. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:18-cv-1998-WBS-KJN (PC). (Coll, A)
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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 RICKY PAUL SMITH, 12 13 14 15 16 No. 2:18-cv-1998 KJN P Plaintiff, ORDER AND FINDINGS AND RECOMMENDATIONS v. SAN JOAQUIN COUNTY SHERIFF’S DEPARTMENT, Defendant. 17 18 By an order filed October 16, 2018, plaintiff was ordered to file a certified copy of his 19 inmate trust account statement, and was cautioned that failure to do so would result in a 20 recommendation that this action be dismissed. The thirty-day period has now expired, and 21 plaintiff has not responded to the court’s order and has not filed the required document. 22 23 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 2 objections shall be filed and served within fourteen days after service of the objections. The 3 parties are advised that failure to file objections within the specified time may waive the right to 4 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: November 27, 2018 6 7 smit1998.fff 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2