(HC) Brownlow v. Perez et al, No. 2:2009cv01366 - Document 7 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 7/14/09 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge William B. Shubb; Objections to F&R due w/in 20 days.(Yin, K)
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(HC) Brownlow v. Perez et al Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY BROWNLOW, Petitioner, 12 13 No. CIV S-09-1366 WBS KJM P Respondents. 11 FINDINGS & RECOMMENDATIONS vs. PEREZ, et al., 14 / 15 By an order filed May 29, 2009, petitioner was ordered to file an in forma 16 17 pauperis affidavit or to pay the appropriate filing fee, within thirty days, or his application would 18 be dismissed. The thirty day period has now expired, and petitioner has not responded to the 19 court's order, has not filed an in forma pauperis affidavit, and has not paid the appropriate filing 20 fee. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 prejudice. 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 days after being served with these findings and recommendations, petitioner may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge's 26 Findings and Recommendations.” Petitioner 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: July 14, 2009. 4 5 6 2 brown1366.fifp 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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