(PC) Bernardini v. Cook et al, No. 2:2009cv02206 - Document 5 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 02/04/10 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 21 days.(Plummer, M)
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(PC) Bernardini v. Cook et al Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUSSELL BERNARDINI, 11 12 13 Plaintiff, No. CIV S-09-2206 MCE EFB P vs. COOK, et al., FINDINGS AND RECOMMENDATIONS 14 15 16 Defendants. / On October 26, 2009 the court ordered plaintiff to file an in forma pauperis affidavit or 17 pay the appropriate filing fee within 15 days and warned him that failure to do so would result in 18 a recommendation that this action be dismissed. 19 20 The 15-day period has expired and plaintiff has not filed an in forma pauperis affidavit or paid the appropriate filing fee or otherwise responded to that order. 21 Accordingly, it is RECOMMENDED that this action be dismissed without prejudice. 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 twenty-one 24 days after being served with these findings and recommendations, any party may file written 25 objections 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.” Failure to file objections 1 Dockets.Justia.com 1 within the specified time may waive the right to appeal the District Court’s order. Turner v. 2 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: February 4, 2010. 4 5 6 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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