-KJN (PC) King v. Lu et al, No. 2:2010cv03312 - Document 7 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/20/11 recommending that this action be dismissed without prejudice Objections to F&R due within twenty-one days. (Kaminski, H)
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-KJN (PC) King v. Lu 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 DALE KING, 11 12 13 14 15 16 Plaintiff, No. 2:10-cv-3312 KJN P Defendants. FINDINGS AND RECOMMENDATIONS vs. T. LU, et al., / By an order filed December 21, 2010, plaintiff was ordered to file a certified copy 17 of his prison trust account statement within thirty days and was cautioned that failure to do so 18 would result in a recommendation that this action be dismissed. The thirty day period has now 19 expired, and plaintiff has not responded to the court’s order and has not filed a certified copy of 20 his prison trust account statement. Accordingly, IT IS HEREBY RECOMMENDED that this 21 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. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: January 20, 2011 4 5 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 6 7 /king3312.fff 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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