-KJN (PC) Weaver v. Nguyen, No. 2:2011cv00011 - Document 7 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/14/2011 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Lawrence K. Karlton; Objections due w/in 14 days. (Yin, K)
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-KJN (PC) Weaver v. Nguyen Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE WEAVER, 11 12 13 14 15 Plaintiff, No. 2:11-cv-0011 LKK KJN P vs. JOHNY NGUYEN, Defendants. FINDINGS AND RECOMMENDATIONS / 16 Plaintiff is barred from proceeding in forma pauperis. (Dkt. No. 4.) By an order 17 filed January 12, 2011, plaintiff was ordered to pay the $350.00 filing fee in full within twenty- 18 one days and was cautioned that failure to do so would result in a recommendation that this 19 action be dismissed. The twenty-one day period has now expired, and plaintiff has not responded 20 to the court’s order and has not paid the appropriate filing fee. 28 U.S.C. § 1915(g). 21 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. Fed. R. Civ. P. 41(b). 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.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 3 951 F.2d 1153 (9th Cir. 1991). 4 DATED: February 14, 2011 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 weav0011.fpf 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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