(PC) Barnes v. Schwarzenegger et al, No. 2:2007cv02299 - Document 8 (E.D. Cal. 2008)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 1/31/08 RECOMMENDING that this action be dismissed w/out prejudice. Motion referred to Judge Ronald S.W. Lew, Objections to F&R due w/in 20 days. (Yin, K)
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(PC) Barnes v. Schwarzenegger et al Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGG L. BARNES, Plaintiff, 11 No. CIV S-07-2299 LEW KJM P vs. 12 13 ARNOLD SCHWARZENEGGER, et al., 14 Defendants. FINDINGS AND RECOMMENDATIONS / 15 By an order filed October 26, 2007, plaintiff was ordered to file an amended 16 17 complaint and an application to proceed in forma pauperis within thirty days and was cautioned 18 that failure to do so would result in a recommendation that this action be dismissed. The thirty 19 day period has now expired, and plaintiff has not responded to the court’s order. Accordingly, 20 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 21 These findings and recommendations are submitted to the United States District 22 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 23 days after being served with these findings and recommendations, plaintiff may file written 24 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 25 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 26 ///// 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: January 31, 2008. 4 5 6 1 barn2299.fta 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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