(PC)Baker v. Tolliver et al, No. 2:2013cv00686 - Document 9 (E.D. Cal. 2013)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 12/20/13 RECOMMENDING that this action be dismissed without prejudice. referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JERRY W. BAKER, 12 No. 2:13-cv-0686 WBS DAD P Plaintiff, 13 v. 14 TOLLIVER et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 17 By an order filed November 8, 2013, plaintiff was ordered to file an in forma pauperis 18 affidavit or pay the appropriate filing fee within thirty days and was cautioned that failure to do so 19 would result in a recommendation that this action be dismissed. The thirty day period has now 20 expired, and plaintiff has not responded to the court’s order and has not filed an in forma pauperis 21 affidavit or paid the appropriate filing fee. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 1 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: December 20, 2013 4 5 6 DAD:9 bake0686.fifp 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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