(PS)Owens v. Hollitz, No. 2:2012cv02380 - Document 4 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/14/12 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)

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(PS)Owens v. Hollitz Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES N. OWENS, Plaintiff, 12 13 14 No. 2:12-cv-2380 KJM CKD PS Defendant. 11 FINDINGS AND RECOMMENDATIONS v. M. HOLLITZ, / 15 16 By order dated September 25, 2012, plaintiff was directed to file a completed in 17 forma pauperis affidavit or pay the appropriate filing fees within 21 days and was cautioned that 18 failure to do so would result in a recommendation that this action be dismissed. Dkt. 3. The 19 twenty-one day period has now expired, and plaintiff has not filed an in forma pauperis affidavit, 20 paid the appropriate filing fee or otherwise responded to the court’s order. 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, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 1 Dockets.Justia.com 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 2 shall be served and filed within seven days after service of the objections. The parties are 3 advised that failure to file objections within the specified time may waive the right to appeal the 4 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: November 14, 2012 6 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 ckd9 OWens2380.fifp 18 19 20 21 22 23 24 25 26 2

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