-KJN (TEMP)(PC) Benyamini v Mayfield, et al, No. 2:2011cv00659 - Document 11 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/7/2011 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge William B. Shubb; Objections due w/in 14 days. (Yin, K)
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-KJN (TEMP)(PC) Benyamini v Mayfield, 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 ROBERT BENYAMINI, 11 12 13 Plaintiff, No. CIV S-11-0659 WBS KJN (TEMP) P vs. J. MAYFIELD, et al., 14 Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed March 22, 2011, plaintiff was ordered to file a completed 17 application to proceed in forma pauperis (“IFP”) or pay the filing fee within thirty days and was 18 cautioned that failure to do so would result in a recommendation that this action be dismissed. 19 Plaintiff was later given an extension of time to comply with the March 22, 2011 order. Plaintiff 20 has not complied with the terms of the March 22, 2011 order, and the time for compliance has 21 expired. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 22 prejudice. 23 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. Such a document should be captioned “Objections to Magistrate Judge’s Findings 1 Dockets.Justia.com 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991). 4 DATED: June 7, 2011 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 beny0659.fifp 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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