-EFB (TEMP)(PC) Nguon v. Virga, No. 2:2010cv01104 - Document 16 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/18/2011 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Morrison C.England, Jr.; Objections due w/in 21 days. (Yin, K)
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-EFB (TEMP)(PC) Nguon v. Virga Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HUNG DUONG NGUON, Plaintiff, 11 vs. 12 13 No. CIV S-10-1104 MCE EFB (TEMP) P TIM V. VIRGA, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 By an order filed December 7, 2010 plaintiff was ordered to file a completed application 16 17 to proceed in forma pauperis within thirty days. The thirty day period has now expired, and 18 plaintiff has not responded to the court’s order. Accordingly, IT IS HEREBY 19 RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations are submitted to the United States District Judge 20 21 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one 22 days after being served with these findings and recommendations, any plaintiff may file written 23 objections with the court and serve a copy on all parties. Such a document should be captioned 24 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is 25 ///// 26 ///// 1 Dockets.Justia.com 1 advised that failure to file objections within the specified time may waive the right to appeal the 2 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: January 18, 2011. 4 5 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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