(PC) Smith v. Auld ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL SHANE SMITH, No. 2:21-cv-1379 JAM KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 AULD, et al., 15 Defendants. 16 17 By order filed September 16, 2021, plaintiff was granted thirty days to file an amended 18 complaint. Thirty days from that date have now passed, and plaintiff has not filed an amended 19 complaint, or otherwise responded to the court’s order. 20 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 22 These findings and recommendations are submitted to the United States District Judge 23 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 24 after being served with these findings and recommendations, plaintiff may file written objections 25 with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 27 //// 28 //// 1 | failure to file objections within the specified time may waive the right to appeal the District 2 | Court’s order. Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 3 | Dated: November 8, 2021 ' Foci) Aharon 5 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE © || jsmiti379.Fa 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28