(PC) Smith v. CDCR Education Department

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY SMITH, Case No. 1:20-cv-716-NONE-HBK(PC) Plaintiff, FINDINGS AND RECOMMENATIONS TO

GRANT DEFENDANT’S MOTION TO

v. DISMISS AND DISMISS THE COMPLAINT

WITH LEAVE TO AMEND1

CDCR EDUCATION DEPARTMENT, et. al. , (Doc. No. 19) 15 Defendant. FOURTEEN-DAY OBJECTION PERIOD 16 17 Pending before the Court is Defendant CDCR Education Department’s motion to dismiss. (Doc. No. 19). Defendant attaches exhibits to the motion to dismiss, requesting that the Court take judicial notice of the exhibits. (Doc. No. 19-1). After Plaintiff failed to file an opposition to the motion within fourteen days under Eastern District Local Rule 230 (c), the Court sua sponte granted Plaintiff an extension of time to file response or notice of non-opposition to the motion by a set date. (Doc. No. 23). Plaintiff did not file a timely response to the Motion. For the reasons 24 This matter was referred to the undersigned…