(PC) Miller v. Grannis et al, No. 2:2009cv01256 - Document 18 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/01/10 recommending that this action be dismissed. Referred to Judge Frank C. Damrell. Objections due within 21 days.(Plummer, M)
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(PC) Miller v. Grannis et al Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST MILLER, 11 Plaintiff, 12 vs. 13 No. 2:09-cv-1256 FCD KJN P GRANNIS, et al., 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / On April 28, 2010, the Honorable Frank C. Damrell denied plaintiff’s application 17 to proceed in forma pauperis and ordered plaintiff to pay the $350 filing fee within twenty-one 18 days. Twenty-one days passed and plaintiff did not pay the filing fee or otherwise respond to the 19 April 28, 2010 order. 20 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. See Local Rule 110; Fed. R. Civ. P. 41(b). 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: June 1, 2010 4 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 9 mill1256.dis 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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