-JFM (TEMP)(PC) Cohea v. Adcock et al, No. 2:2009cv00998 - Document 56 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 01/31/11 recommending that this action be dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure. Referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)

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-JFM (TEMP)(PC) Cohea v. Adcock et al Doc. 56 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANNY JAMES COHEA, 11 12 13 14 Plaintiff, vs. S. ADCOCK, et al., Defendants. 15 16 No. CIV S-09-0998 JAM JFM (TEMP) P FINDINGS & RECOMMENDATIONS / On January 21, 2011, plaintiff was ordered to pay the filing fee for this action. On 17 January 27, 2011, plaintiff filed a document in which he indicates that he will not be paying the 18 filing fee. Plaintiff was warned that failure to pay the filing fee will result in dismissal under 19 Federal Rule of Civil Procedure 41(b). In light of the foregoing, IT IS HEREBY 20 RECOMMENDED that this action be dismissed without prejudice under Rule 41(b) of the 21 Federal Rules of Civil Procedure. 22 These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 24 one days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 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, 2011. 4 5 6 7 8 kc cohe0998.41 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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