(PC) Dupree v. Johnson et al, No. 2:2012cv01295 - Document 10 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/14/2012 RECOMMENDING that this action be dismissed with prejudice. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
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(PC) Dupree v. Johnson et al Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD JOSE DUPREE, JR. 11 12 13 Plaintiff, No. 2:12-cv-1295 KJM GGH P vs. EARVIN (MAGIC) JOHNSON, et al. 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed September 25, 2012, the court directed plaintiff, within twenty- 17 eight days, either to show cause why he should not be barred from proceed in forma pauperis, 18 pursuant to 28 U.S.C. § 1915(g), or to pay the filing fee. The twenty-eight day period has now 19 expired, and plaintiff has not shown cause, paid the filing fee, or otherwise responded to the 20 court’s order. 21 For the reasons given in the September 25, 2012, order, IT IS HEREBY 22 RECOMMENDED that this action be dismissed with prejudice. See Local Rule 110; Fed. R. 23 Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 26 fourteen (14) days after being served with these findings and recommendations, plaintiff may file 1 Dockets.Justia.com 1 written objections with the court. The document should be captioned “Objections to Magistrate 2 Judge’s Findings and Recommendations.” Any response to the objections shall be filed and 3 served 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 DATED: November 14, 2012 6 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 7 8 9 dupr1295.fsc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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