(PC)Hairston v. Phillips, No. 2:2015cv00581 - Document 11 (E.D. Cal. 2015)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/13/15 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; 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 ROBEY KURT HAIRSTON, 12 No. 2:15-cv-0581 KJM CKD P Plaintiff, 13 v. 14 C. L. PHILLIPS, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 By an order filed June 2, 2015, plaintiff was ordered to file a completed in forma pauperis 17 18 application within thirty days and was cautioned that failure to do so would result in a 19 recommendation that this action be dismissed. The thirty day period has now expired, and 20 plaintiff has not responded to the court’s order and has not filed a completed application. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 27 //// 28 //// 1 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991). 4 Dated: July 13, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 2 / hair0581.fifp 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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