(PC) Diaz v. Hurley et al, No. 2:2015cv02083 - Document 46 (E.D. Cal. 2018)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/01/18 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, 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 MIGUEL ENRIQUE DIAZ, 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 14 No. 2:15-cv-2083 KJM KJN P v. ASSOCIATE WARDEN HULEY, et al., 15 Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. By an order filed January 24, 2018, the 17 18 October 30, 2017 findings and recommendations were adopted, and plaintiff was ordered to pay 19 the $400.00 filing fee within twenty-one days. Twenty-one days have now passed, and plaintiff 20 has not responded to the court’s order and has not paid the filing fee. 21 IT IS 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: March 1, 2018 4 5 /diaz2083.fpf 6 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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