-KJN (PC) Armstrong v. Garcia, et al, No. 2:2011cv00965 - Document 9 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/1/11 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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-KJN (PC) Armstrong v. Garcia, et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRADY ARMSTRONG, 11 12 13 14 15 16 Plaintiff, No. 2: 11-cv-0965 GEB KJN P vs. SILVIA GARCIA, et al., Defendants. FINDINGS AND RECOMMENDATIONS / By an order filed April 21, 2011, plaintiff was ordered to file an in forma pauperis 17 affidavit or pay the appropriate filing fee within thirty days, and plaintiff was cautioned that 18 failure to do so would result in a recommendation that this action be dismissed. The thirty day 19 period has now expired, and plaintiff has not responded to the court’s order and has not filed an 20 in forma pauperis affidavit or paid the appropriate filing fee. Accordingly, IT IS HEREBY 21 RECOMMENDED that this action be dismissed 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. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: June 1, 2011 4 5 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 6 7 arm965.fifp 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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