(PC) Turner v. Barrer et al, No. 2:2016cv02251 - Document 9 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/22/2016 RECOMMENDING this action be dimissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)

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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 ANTHONY R. TURNER, 12 13 14 No. 2:16-cv-2251 TLN CKD P Plaintiff, v. FINDINGS & RECOMMENDATIONS D. BARRER, et al., 15 Defendants. 16 17 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil 18 rights under 42 U.S.C. § 1983. On October 18, 2016, the court denied plaintiff’s request to 19 proceed in forma pauperis and ordered plaintiff to submit the $400 filing fee for this action within 20 14 days. Plaintiff was warned that failure to submit the filing fee within 14 days would result in 21 dismissal. Plaintiff has not submitted the filing fee. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 1 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: November 22, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 turn2251.fnrs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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