(PC) Stephen v. Zhang et al, No. 2:2009cv01516 - Document 17 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 1/22/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due w/in 21 days. (Yin, K)
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(PC) Stephen v. Zhang et al Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMIE STEPHEN, Plaintiff, 11 12 13 14 vs. DR. F. ZHANG, et al., Defendants. FINDINGS AND RECOMMENDATIONS / 15 16 No. CIV S-09-1516 MCE KJM P By an order filed September 21, 2009, plaintiff’s motion to proceed in forma 17 pauperis was denied and plaintiff was ordered to pay the appropriate filing fees within thirty 18 days. He was cautioned that failure to do so would result in a recommendation that this action 19 be dismissed. The thirty day period has now expired, and plaintiff has not paid the appropriate 20 filing fee. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 21 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 one days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. . Such a document should be captioned “Objections to Magistrate 26 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 1 Dockets.Justia.com 1 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 2 Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: January 22, 2010. 4 5 6 2 step1516.fifp 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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