(HC) Asbury v. Warden, No. 2:2021cv00297 - Document 6 (E.D. Cal. 2021)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/5/2021 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. 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 CAMERON ASBURY, 12 Petitioner, 13 14 No. 2:21-cv-0297 TLN KJN P v. FINDINGS AND RECOMMENDATIONS WARDEN, 15 Respondent. 16 By an order filed February 19, 2021, petitioner was ordered to file an in forma pauperis 17 18 affidavit or to pay the appropriate filing fee, within thirty days, or his application would be 19 dismissed. The thirty-day period has expired, and petitioner has not responded to the court’s 20 order, has not filed an in forma pauperis affidavit, and has not paid the appropriate filing fee. 21 Accordingly, 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, petitioner may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 27 ///// 28 ///// 1 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 Dated: April 5, 2021 4 5 asbu0297.fpf.h 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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