(PS) Alfaro v. Marin, No. 2:2009cv03595 - Document 9 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 5/11/10: RECOMMENDING that this action be dismissed without prejudice. Objections to F&R due within fourteen days. (Kaminski, H)
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(PS) Alfaro v. Marin Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKA ALFARO, Plaintiff, 11 12 vs. 13 LETICIA MARIN, 14 15 16 CIV S-09-3595 FCD KJM PS Defendant. FINDINGS & RECOMMENDATIONS / By order filed April 5, 2010, this court directed plaintiff within twenty one days 17 to pay the filing fee and ordered plaintiff to show cause why this action should not be dismissed 18 for lack of subject matter jurisdiction. Plaintiff has paid the filing fee but has not responded to 19 the order to show cause. There is no subject matter jurisdiction evident in plaintiff’s pleadings. 20 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110. These findings and recommendations will be submitted to the United States 23 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 24 fourteen days after being served with these findings and recommendations, plaintiff may file 25 written objections with the court. The document should be captioned “Objections to Magistrate 26 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 1 Dockets.Justia.com 1 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 2 Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: May 11, 2010. 4 5 006 alfaro-marin.ftc 6 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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