(PC) Weaver v Deuel Vocational Institution, No. 2:2015cv02041 - Document 7 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/24/15 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIE WEAVER, 12 13 14 15 No. 2:15-cv-2041 MCE KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS DEUEL VOCATIONAL INSTITUTION, Defendant. 16 17 By an order filed October 7, 2015, plaintiff was ordered to file an in forma pauperis 18 affidavit or pay the appropriate filing fees within thirty days, and was cautioned that failure to do 19 so would result in a recommendation that this action be dismissed. The thirty day period has now 20 expired, and plaintiff has not responded to the court’s order and has not filed an in forma pauperis 21 affidavit or paid the appropriate filing fee. Accordingly, IT IS HEREBY RECOMMENDED that 22 this action be dismissed without prejudice. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 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 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 28 objections shall be filed and served within fourteen days after service of the objections. The 1 1 parties are advised that failure to file objections within the specified time may waive the right to 2 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: November 24, 2015 4 5 weav2041.fifp 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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