Blocker v. Premo
Filing
4
Findings & Recommendation: Complaint 1 should be dismissed. Objections to the Findings and Recommendation are due by 2/7/2011. Signed on 1/18/2011 by Magistrate Judge Mark D. Clarke. (dkj)
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FILED'l1 JHI'~ 19 11:50USDC-oRt-l
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
TYRONE BLOCKER
1
PI
Civil No. 10 1411-CL
ifC
REPORT AND
RECOMMENDATION
v.
J .. PREMO, SUPERINTENDENT
1
De
CLARKE
1
Magistrate Judge.
Petitioner filed a Complaint under 42 U.S.C.
did not pay
ยง
1983
1
but
filing fee or file an application to proceed
in forma pauperis.
By Order (#3)
entered November
171
2010 1 plaintiff was
advised of the filing fee requirement and allowed 30 days to
either pay
in forma
filing fee or to file an appl
ion to proceed
and advised that fai
to do one or the
other would result in the dismissal of
s proceeding for
Sl
failure to prosecute. Petitioner was provided with a form to
apply for in
PI
pauperis status.
ntiff was further advised that
1 - REPORT AND RECOMMENDATION
complaint before
court failed to state a claim and was subject to dismissal
without service upon the defendant.
Plaintiff
has
not
paid the
filing
fee,
requested to
proceed in forma pauperis, or requested an extension of time
in which to do so.
This
proceeding
should. be
court's Order (#3) for
dismissed pursuant
to
the
lure to prosecute.
This recommendation is not an order that is immediately
appealable to the Ninth Circuit Court of Appeals.
appeal pursuant to Rule 4(a) (1), Fede
Procedure,
should not be filed until
court's judgment or appealable order.
fourteen (14) days
recommendation
objections
fourteen
with
(14)
objections.
which
court.
to
Rules of Appellate
of the dist
ct
parties shall
the date of
within
Any notice
ce of a copy of
file
Thereafter,
specific
the
s
written
parties
days within which to file a response to the
Fai
to timely file objections to any factual
determinations of the Magistrate Judge will be considered a
waiver of a party's right to de novo consideration of
factual issues
an~
will constitute a waiver of a party's
to appellate
of the findings of fact in an order or
judgment
pursuant
ent
recommendation.
DATED this
,/j
2 - REPORT AND RECOMMENDATION
to
the
.. ~els
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