-KJN (PC) Waters v. Ybarra, No. 2:2011cv02822 - Document 8 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/4/12 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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-KJN (PC) Waters v. Ybarra Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LYNN WATERS, 11 12 13 14 15 Plaintiff, No. 2:11-cv-2822 GEB KJN P vs. SGT. T. YBARRA, Defendant. FINDINGS & RECOMMENDATIONS / 16 By order filed October 28, 2011, plaintiff’s motion was denied, and thirty days 17 leave to file a complaint and an application to proceed in forma pauperis, or the filing fee, was 18 granted. Plaintiff filed a request for reconsideration, and on November 30, 2011, the district 19 court affirmed the October 28, 2011 order. Thirty days from the district court’s order has now 20 expired, and plaintiff has not filed a complaint, an application to proceed in forma pauperis, or 21 the filing fee, or otherwise responded to the court’s order. 22 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Any response to the objections shall be filed and served 3 within fourteen days after service of the objections. Plaintiff is advised that failure to file 4 objections within the specified time may waive the right to appeal the District Court’s order. 5 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: January 4, 2012 7 8 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 9 10 /wate2822.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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