-GGH (PC) Weaver v. Gillen, No. 2:2011cv02126 - Document 6 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/22/11 recommending that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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-GGH (PC) Weaver v. Gillen Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIE WEAVER, Plaintiff, 12 vs. 13 14 No. CIV S-11-2126 JAM GGH P GUY GILLEN, Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 17 By an order filed September 20, 2011, plaintiff was ordered to pay the appropriate 18 filing fee within twenty-one days and was cautioned that failure to do so would result in a 19 recommendation that this action be dismissed, as on at least three prior occasions lawsuits filed 20 by plaintiff in this district were dismissed on the grounds that they were frivolous, or malicious 21 or failed to state a claim upon which relief may be granted. See Doc. 5.1 The twenty-one day 22 period has now expired, and plaintiff has not responded to the court’s order or paid the 23 appropriate filing fee. 24 /// 25 1 26 Plaintiff never filed an application to proceed in forma pauperis in the instant action, just his complaint. 1 Dockets.Justia.com Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 1 2 without prejudice. These findings and recommendations are submitted to the United States District 3 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 5 days after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 8 shall be served and filed within fourteen days after service of the objections. The parties are 9 advised that failure to file objections within the specified time may waive the right to appeal the 10 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: November 22, 2011 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 12 13 14 GGH: AB weav2126.fifp 15 16 17 18 19 20 21 22 23 24 25 26 2