(PC)Barger v. Hirsch et al, No. 2:2015cv00224 - Document 11 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/24/2015 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)

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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 GARY DALE BARGER, 12 Plaintiff, 13 14 No. 2:15-cv-0224 GEB DAD P v. FINDINGS AND RECOMMENDATIONS DAVID HIRSCH, et al., 15 Defendants. 16 By an order filed May 26, 2015, plaintiff was ordered to pay the appropriate filing fee 17 18 within twenty-one days and was cautioned that failure to do so would result in a recommendation 19 that this action be dismissed. The twenty-one day period has now expired, and plaintiff has not 20 responded to the court’s order and has not paid the appropriate filing fee. Accordingly, IT IS 21 HEREBY RECOMMENDED that this action be dismissed without prejudice. 22 These findings and recommendations are submitted to the United States District Judge 23 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 24 after being served with these findings and recommendations, any party may file written 25 objections with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 27 objections shall be filed and served within fourteen days after service of the objections. The 28 ///// 1 1 parties are advised that failure to file objections within the specified time may waive the right to 2 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: August 24, 2015 4 5 6 DAD:10 barg0224.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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