(PC) Rasheed v. Virga et al, No. 2:2010cv01805 - Document 10 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/7/10 RECOMMENDING that this action be dismissed without prejudice re 1 Petition for Writ of Habeas Corpus filed by Tahee A' Rasheed. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)
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(PC) Rasheed v. Virga et al Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TAHEE A’RASHEED, 11 Plaintiff, 12 13 14 15 16 No. CIV S-10-1805 FCD GGH P vs. TIM VIRGA, et al., Defendants. FINDINGS & RECOMMENDATIONS / By order filed September 22, 2010, plaintiff (previously found ineligible to 17 proceed in forma pauperis) was ordered, within twenty-eight days, to pay the $350.00 filing fee 18 or submit documentation showing that he currently has $350.00 available in his prison trust 19 account and to describe specifically his efforts to access these funds, and also describe 20 specifically how defendants have prevented him from doing so. The twenty-eight day period has 21 now expired, and plaintiff has not paid the fee or otherwise responded to the court’s order. 22 23 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, plaintiff may file written Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge's 2 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 DATED: December 7, 2010 /s/ Gregory G. Hollows 6 UNITED STATES MAGISTRATE JUDGE 7 GGH:035 rash1805.dsm 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2