(PC) Hollis v. Downing, et al, No. 2:2009cv03431 - Document 69 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/08/11 recommending that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell. Objections due within 14 days. (Plummer, M)

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(PC) Hollis v. Downing, et al Doc. 69 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARVIN GLENN HOLLIS, 11 12 13 14 Plaintiff, vs. M.S. DOWNING, et al., Defendants. 15 16 No. CIV S-09-3431 FCD KJN P FINDINGS AND RECOMMENDATIONS / By an order filed February 10, 2011, plaintiff’s in forma pauperis status was 17 revoked, and plaintiff was ordered to pay the $350.00 filing fee within twenty-one days. On 18 December 9, 2010, plaintiff was cautioned that failure to pay the filing fee would result in a 19 recommendation that this action be dismissed. The twenty-one day period has now expired, and 20 plaintiff has not responded to the court’s order and has not paid the filing fee. 21 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 25 days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Any response to the objections shall be filed and served 2 within fourteen days after service of the objections. Plaintiff is advised that failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. 4 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: March 8, 2011 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 /holl3431.fpf 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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