(PC) Harrison v. California State Penitentiary, Medical Care et al, No. 2:2010cv02659 - Document 7 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/17/10 recommending that this action be dismissed without prejudice re 1 Prisoner Civil Rights Complaint filed by Khalid Harrison. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Harrison v. California State Penitentiary, Medical Care et al Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KHALID HARRISON, 11 Plaintiff, 12 13 No. 2: 10-cv-2659 MCE KJN P vs. CALIFORNIA STATE PENITENTIARY MEDICAL CARE, 14 Defendant. FINDINGS AND RECOMMENDATIONS 15 / 16 17 By an order filed October 7, 2010, plaintiff was ordered to file an in forma 18 pauperis affidavit or pay the appropriate filing fee within thirty days and was cautioned that 19 failure to do so would result in a recommendation that this action be dismissed. The thirty day 20 period has now expired, and plaintiff has not responded to the court’s order and has not filed an 21 in forma pauperis affidavit or paid the appropriate filing fee. Accordingly, IT IS HEREBY 22 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 fourteen 25 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.” Any response to the objections shall be filed and served 2 within fourteen days after service of the objections. Plaintiff is advised that failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. 4 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: November 17, 2010 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 har2659.fifp 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2