(PC) Blackman v. Benyard et al, No. 2:2019cv02610 - Document 8 (E.D. Cal. 2020)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/10/2020 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 30 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 TONY BLACKMAN, 12 13 14 No. 2:19-cv-2610 JAM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS E. BENYARD, et al., 15 Defendants. 16 17 By an order filed January 28, 2020, plaintiff was ordered to file a completed in forma 18 pauperis affidavit and a certified copy of his prison trust account statement, and he was cautioned 19 that failure to do so would result in a recommendation that this action be dismissed. The thirty- 20 day period has now expired, and plaintiff has not responded to the court’s order and has not filed 21 the required documents. 22 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 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 thirty days after 26 being served with these findings and recommendations, any party may file written objections with 27 the court and serve a copy on all parties. Such a document should be captioned “Objections to 28 Magistrate Judge’s Findings and Recommendations.” Any response to the objections shall be 1 1 filed and served within thirty days after service of the objections. The parties are advised that 2 failure to file objections within the specified time may waive the right to appeal the District 3 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: April 10, 2020 5 6 7 /DLB7; DB/Inbox/Routine/blac2610.fifp 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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