(PC) Gipbsin v. Kernan, No. 2:2010cv01840 - Document 8 (E.D. Cal. 2010)

Court Description: [DUPLICATE] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/20/10 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections due within 21 days after being served with these findings and recommendations. (Becknal, R) Modified on 10/21/2010 (Becknal, R).
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(PC) Gipbsin v. Kernan Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE A. GIPBSIN, Plaintiff, 11 12 13 14 vs. SCOTT KERNAN, et al., Defendants. FINDINGS AND RECOMMENDATIONS / 15 16 No. CIV S-10-1840 LKK DAD P By an order filed August 26, 2010, plaintiff was ordered to file an in forma 17 pauperis affidavit or pay the appropriate filing fee within thirty days and was cautioned that 18 failure to do so would result in a recommendation that this action be dismissed. The thirty day 19 period has now expired, and plaintiff has not responded to the court’s order. 20 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 22 These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 24 one days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. Such a 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: October 20, 2010. 4 5 6 7 DAD:9 gipb1840.fifp 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2