(PC) Thomas v. Felker et al, No. 2:2009cv02486 - Document 72 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/12/12 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Thomas v. Felker et al Doc. 72 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD THOMAS, 11 12 Plaintiff, No. 2:09-cv-2486 GEB CKD P vs. 13 THOMAS FELKER, et al., 14 Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By order filed September 17, 2012, plaintiff, a Three Strikes Litigant, was ordered 17 to show cause within fourteen days why this action should not be dismissed for failure to pay the 18 filing fee. (Dkt. No. 68.) Plaintiff responded to the order but failed to show good cause in light 19 of his Three Strikes status, nor has he paid the filing fee. (Dkt. Nos. 69, 70.) 20 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 28 U.S.C. § 1915(g); Local Rule 110; Fed. R. Civ. P. 41(b). 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 fourteen 24 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 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: October 12, 2012 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 2 thom2486.Fsc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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