(PC) Taylor v. Prieto et al, No. 2:2010cv00453 - Document 11 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/22/10 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections to F&R's due within 14 days of service. (Owen, K)

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(PC) Taylor v. Prieto et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYSHAUN TAYLOR, 11 12 13 14 15 16 Plaintiff, No. CIV S-10-cv-0453 MCE KJN P vs. ED PRIETO, et al., Defendants. FINDINGS AND RECOMMENDATIONS / By an order filed May 13, 2010, plaintiff was ordered to file a fully completed in 17 forma pauperis affidavit within thirty days and was cautioned that failure to do so would result in 18 a recommendation that this action be dismissed. The thirty day period has now expired, and 19 plaintiff has not responded to the court’s order and has not filed an in forma pauperis affidavit. 20 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 21 These findings and recommendations are submitted to the United States District 22 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 23 days after being served with these findings and recommendations, plaintiff may file written 24 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 25 Findings and Recommendations.” Any response to the objections shall be filed and served 26 within fourteen days after service of the objections. Plaintiff is advised that failure to file 1 Dockets.Justia.com 1 objections within the specified time may waive the right to appeal the District Court’s order. 2 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: June 22, 2010 4 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 tay453.fifp 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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