(PC) Hendon v. California Department of Corrections & Rebiliatation, et al, No. 2:2010cv03471 - Document 29 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/13/2012 RECOMMENDING that defendant's 16 motion to dismiss be granted; and this action be dismissed. Referred to Judge Kimberly J. Mueller; Objections due within 14 days.(Yin, K)
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(PC) Hendon v. California Department of Corrections & Rebiliatation, et al Doc. 29 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLOS HENDON, 11 Plaintiff, 12 vs. 13 No. CIV S-10-3471 KJM CKD P T. VIRGA, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By an order filed December 5, 2011 plaintiff’s in forma pauperis status was 17 revoked pursuant to 28 U.S.C. § 1915(g). Plaintiff was ordered to pay the $350.00 filing fee for 18 this action within thirty days and was cautioned that failure to do so would result in a 19 recommendation that this action be dismissed.1 The thirty day period has now expired, and 20 plaintiff has not paid the filing fee. 21 //// 22 //// 23 //// 24 //// 25 26 1 This order was affirmed by the district judge on December 22, 2011. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. Defendants’ August 29, 2011 motion to dismiss (Dkt. No. 16) be granted; and 3 2. This action be dismissed. 4 These findings and recommendations are submitted to the United States District 5 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 6 days after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 9 shall be served and filed within fourteen days after service of the objections. The parties are 10 advised that failure to file objections within the specified time may waive the right to appeal the 11 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: January 13, 2012 13 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 14 15 16 17 2 18 hend3471.mtd 19 20 21 22 23 24 25 26 2
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