-EFB (PC) Wooten v. Aiola, No. 2:2011cv00682 - Document 9 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/12/11 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Dillon, M)
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-EFB (PC) Wooten v. Aiola Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARIO WOOTEN, Plaintiff, 11 12 13 14 15 16 No. CIV S-11-0682 JAM EFB P vs. NEWMAN AIOLA, Defendant. FINDINGS AND RECOMMENDATIONS / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. On March 22, 2011, the court ordered plaintiff to pay the filing fee or file an in 18 forma pauperis application as required by 28 U.S.C. § 1915(a)(2) and warned him that failure to 19 do so would result in a recommendation that this action be dismissed. The 30-day period set in 20 the March 22, 2011 order has expired and plaintiff has not filed an in forma pauperis 21 application, paid the appropriate filing fee, or otherwise responded to the order. 22 It therefore is RECOMMENDED that this action be dismissed without prejudice. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned Dockets.Justia.com 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 2 within the specified time may waive the right to appeal the District Court’s order. Turner v. 3 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: May 12, 2011. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2