(PC) Lumpkin v. Agredano, No. 2:2018cv03270 - Document 6 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/14/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 SYLVESTER LUMPKIN, 12 13 14 No. 2: 18-cv-3270 JAM KJN P Plaintiff, FINDINGS AND RECOMMENDATIONS v. R. A. AGREDANO, 15 Defendant. 16 17 By an order filed January 4, 2019, plaintiff was ordered to file a completed in forma 18 pauperis affidavit and a certified copy of his prison trust account statement, and was cautioned 19 that failure to do so would result in a recommendation that this action be dismissed. The thirty 20 days period has now expired, and plaintiff has not filed the required documents. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 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, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 28 objections shall be filed and served within fourteen days after service of the objections. The 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: February 14, 2019 4 5 6 Lump3270.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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