(PC)Riches v. Grafton et al, No. 2:2007cv02652 - Document 4 (E.D. Cal. 2008)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 02/06/08 RECOMMENDING that this action be dismissed w/o prejudice. Objections due w/i 20 days; referred to Judge Garland E. Burrell, Jr. (Benson, A)

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(PC)Riches v. Grafton et al Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN LEE RICHES, 11 12 13 14 15 16 Plaintiff, No. CIV S-07-2652 GEB JFM P vs. SUE GRAFTON, et al., Defendants. FINDINGS AND RECOMMENDATIONS / By an order filed December 19, 2007, plaintiff was ordered to file an in forma 17 pauperis affidavit or pay the appropriate filing fee within thirty days and was cautioned that 18 failure to do so would result in a recommendation that this action be dismissed. The thirty day 19 period has now expired, and plaintiff has not responded to the court’s order and has not filed an 20 in forma pauperis affidavit or paid the appropriate filing fee. Accordingly, IT IS HEREBY 21 RECOMMENDED that this action be dismissed without prejudice. 22 These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 24 days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: February 6, 2008. 4 5 6 7 8 12 rich2652.fifp 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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