(PC) Smith v. Shasta County Jail et al, No. 2:2021cv00877 - Document 22 (E.D. Cal. 2021)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/8/2021 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
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(PC) Smith v. Shasta County Jail et al Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES EDWARD SMITH 12 Plaintiff, 13 14 v. No. 2:21-cv-00877-JAM-CKD FINDINGS AND RECOMMENDATIONS SHASTA COUNTY JAIL, et al. 15 Defendants. 16 By order filed September 1, 2021, plaintiff’s complaint was dismissed and thirty days 17 18 leave to file an amended complaint was granted. ECF No. 14. Plaintiff was granted an extension 19 of time and the allotted period has now expired. ECF No. 21. However, plaintiff has not filed an 20 amended complaint or otherwise responded to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 27 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 28 ///// 1 Dockets.Justia.com 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: November 18, 2021 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12/smit0877.fta(1).docx 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2