(PC)Weaver v. Thoe, No. 2:2017cv00598 - Document 6 (E.D. Cal. 2017)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/2/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R 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 WILLIE WEAVER, 12 Plaintiff, 13 14 15 No. 2:17-cv-0598 MCE CKD P v. FINDINGS & RECOMMENDATIONS THOE, Defendant. 16 17 By an order filed March 23, 2017, plaintiff was ordered to either file a completed in forma 18 pauperis application or pay the filing fee within thirty days. Plaintiff was informed that failure to 19 do so would result in a recommendation that this action be dismissed. The thirty day period has 20 now expired, and plaintiff has not responded to the court’s order and has not filed a completed 21 application or paid the filing fee. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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. Such a 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: May 2, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 2 / weav0598.fifp 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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