(PC) Willliams v. Department of Corrections, No. 2:2010cv01813 - Document 7 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/30/2010 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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(PC) Willliams v. Department of Corrections Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES S. WILLIAMS, 11 Plaintiff, 12 13 No. 2:10-cv-1813 MCE KJN P vs. DEPARTMENT OF CORRECTIONS, 14 Defendant. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed July 26, 2010, plaintiff was ordered to file an in forma pauperis 17 affidavit or pay the appropriate filing fees within thirty days and was cautioned that failure to do 18 so would result in a recommendation that this action be dismissed. The thirty day period has 19 now expired, and plaintiff has not responded to the court’s order and has not filed an in forma 20 pauperis affidavit or paid the appropriate filing fee. 21 22 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 25 one days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: August 30, 2010 5 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 will1813.fpf 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2