(PC) Weaver v. Captain et al, No. 2:2012cv01092 - Document 9 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/23/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
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(PC) Weaver v. Captain et al Doc. 9 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 Plaintiff, 12 vs. 13 No. 2:12-cv-01092 MCE KJN P CAPTAIN, et al., 14 Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 Plaintiff is a state prisoner, proceeding without counsel, in this civil rights action 17 filed pursuant to 42 U.S.C. § 1983. By order filed June 12, 2012, this court found that plaintiff 18 was precluded from proceeding in forma pauperis in this action because he is “three strikes” 19 barred under the 28 U.S.C. § 1915(g). (See Dkt. No. 8.) Plaintiff was directed to pay the full 20 filing fee of $350.00, within twenty-one days, in order to proceed with this action. Plaintiff was 21 cautioned that failure to timely submit the full filing fee would result in a recommendation that 22 this action be dismissed. 23 The twenty-one day period has expired, and plaintiff has not responded to the 24 court’s order, or paid the filing fee. Accordingly, IT IS HEREBY RECOMMENDED that this 25 action be dismissed without prejudice. 26 //// 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 5 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 6 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 7 (9th Cir. 1991). 8 DATED: July 23, 2012 9 10 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 11 12 weav1092.f&r.3strikes 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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