-KJN (HC) Williams v. State of California, No. 2:2010cv02904 - Document 7 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/24/2011 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 21 days. (Yin, K)
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-KJN (HC) Williams v. State of California Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK J. WILLIAMS, Petitioner, 11 12 No. 2:10-cv-2904 FCD KJN P vs. 13 STATE OF CALIFORNIA, 14 Respondent. / 15 16 FINDINGS & RECOMMENDATIONS By an order filed November 4, 2010, petitioner was ordered to file either an 17 application to proceed in forma pauperis or pay the appropriate filing fee within thirty days, and 18 he was cautioned that failure to do so would result in a recommendation that this action be 19 dismissed. On December 15, 2010, petitioner was granted an additional thirty days in which to 20 comply with this court’s November 4, 2010 order. That thirty day period has now expired, and 21 petitioner has not responded to the court’s order and has not filed an application to proceed in 22 forma pauperis or paid the filing fee. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District 26 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty1 Dockets.Justia.com 1 one days after being served with these findings and recommendations, petitioner may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 DATED: January 24, 2011 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 10 will2904.fff 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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