(PC) Wooten v. Sokolov, No. 2:2010cv02138 - Document 8 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/26/2011 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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(PC) Wooten v. Sokolov Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARIO NGWAZI WOOTEN, 11 12 13 14 Plaintiff, vs. MIKE GREGORY SOKOLOV, Defendant. 15 16 No. CIV S-10-2138 MCE DAD P FINDINGS AND RECOMMENDATIONS / By an order filed August 30, 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. On September 19 24, 2010, the court granted plaintiff a sixty-day extension of time to comply with the order. The 20 sixty-day period has now expired, and plaintiff has not responded to the court’s order and has not 21 filed an in forma pauperis affidavit or paid the appropriate filing fee. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 24 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 twenty- 26 one days after being served with these findings and recommendations, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. Such a document should be captioned “Objections to Magistrate 2 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 4 Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: January 26, 2011. 6 7 8 9 10 DAD:9 woot2138.fifp 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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