(PC) Madison v. Marsh et al, No. 2:2010cv01682 - Document 3 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/25/10 RECOMMENDING that 1 Complaint be dismissed without prejudice. Objections to F&R due within 14 days. Referred to Senior Judge Lawrence K. Karlton. (Williams, D)
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(PC) Madison v. Marsh et al Doc. 3 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILIP MADISON, 11 12 13 Plaintiff, No. CIV S-10-1682 LKK EFB P vs. MARSH, et al., FINDINGS AND RECOMMENDATIONS 14 15 Defendants / 16 On June 30, 2010, the court severed plaintiff’s claims from those of Jerry W. Baker in 17 No. Civ. S-10-1586. The order further directed plaintiff Madison that if he wished to proceed 18 with this civil action he must pay the filing fee required by 28 U.S.C. § 1914(a) or request leave 19 to proceed in forma pauperis under 28 U.S.C. § 1915(a). The court gave plaintiff 30 days to 20 submit the required filing fee or an application to proceed in forma pauperis and warned him that 21 failure to do so would result in a recommendation that this action be dismissed. 22 The 30-day period has expired and plaintiff has not paid the required filing fee or 23 requested leave to proceed in forma pauperis or otherwise responded to the court’s order. 24 Accordingly, it is RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 Dockets.Justia.com 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: August 25, 2010. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2