(PS)Peterson v. San Joaquin County Sheriff's Office, No. 2:2018cv00923 - Document 4 (E.D. Cal. 2018)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/11/2018 ORDERING that all filings in this action are STAYED pending resolution of the F&R. With the exception of a completed IFP application, Objections to the F&R, and any non-frivolous motions for emergency relief, the court will not entertain or respond to any motions and other filings until the F&R are resolved. It is hereby RECOMMENDED that this action be dismissed without prejudice; Objections due within 14 days. (Fabillaran, J)
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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 MARK PETERSON, 12 13 14 15 16 No. 2:18-cv-00923 MCE CKD (PS) Plaintiff, v. ORDER & SAN JOAQUIN COUNTY SHERIFF’S OFFICE, FINDINGS AND RECOMMENDATIONS Defendant. 17 18 On April 20, 2018, plaintiff was granted fourteen days to either submit a complete 19 application to proceed in forma pauperis or pay the filing fee for this action. Plaintiff was advised 20 that failure to comply would result in a recommendation that this action be dismissed. The 21 fourteen days has passed, and plaintiff has not complied with the court’s order. 22 23 24 In accordance with the above, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. In light of those recommendations, IT IS ALSO HEREBY ORDERED that all filings 25 in this action are STAYED pending resolution of the findings and recommendations. With the 26 exception of a completed application to proceed in forma pauperis, objections to the findings and 27 recommendations, and any non-frivolous motions for emergency relief, the court will not 28 entertain or respond to any motions and other filings until the findings and recommendations are 1 1 resolved. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 4 days after being served with these findings and recommendations, plaintiff may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 7 shall be served on all parties and filed with the court within fourteen (14) days after service of the 8 objections. Plaintiff is advised that failure to file objections within the specified time may waive 9 the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 10 11 12 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). IT IS SO ORDERED AND RECOMMENDED. Dated: May 11, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 2 peterson0923.ifp-incompl_fr 19 20 21 22 23 24 25 26 27 28 2
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