Cruz v. Stebbins et al

Filing 14

FINDINGS and RECOMMENDATIONS, Recommending that this Case be Dismissed, without Prejudice, for Plaintiff's Failure to Comply with Court's Order re 11 , signed by Magistrate Judge Gary S. Austin on 8/19/18. Referred to Judge Ishii. Objections to F&R Due Within Fourteen-Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO TRUJILLO CRUZ,

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Plaintiff,

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vs.
STEBBINS, et al.,
Defendants.

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1:17-cv-00789-AWI-GSA-PC
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS CASE
BE DISMISSED, WITHOUT
PREJUDICE, FOR PLAINTIFF’S
FAILURE TO COMPLY WITH
COURT’S ORDER
(ECF No. 11.)
OBJECTIONS, IF ANY, DUE IN 14 DAYS

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Guillermo Trujillo Cruz (“Plaintiff”) is a state prisoner proceeding pro se with this civil

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rights action pursuant to 42 U.S.C. § 1983. On June 12, 2017, Plaintiff filed the Complaint

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commencing this action. (ECF No. 1.)

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On July 10, 2018, the court issued an order revoking Plaintiff’s in forma pauperis status

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under 28 U.S.C. § 1915(g) and ordered Plaintiff to pay the $400.00 filing fee for this case in

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full within thirty days. (ECF No. 11.) The thirty-day deadline has expired, and Plaintiff has

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not paid the filing fee or otherwise responded to the court’s order. Therefore, IT IS HEREBY

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RECOMMENDED that:

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This case be dismissed, without prejudice, based on Plaintiff’s failure to comply
with the court’s order issued on July 10, 2018; and
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2.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen

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(14) days from the date of service of these findings and recommendations, Plaintiff may file

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written objections with the court.

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Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file

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objections within the specified time may result in the waiver of rights on appeal. Wilkerson v.

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Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394

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(9th Cir. 1991)).

The Clerk be directed to close this case.

Such a document should be captioned “Objections to

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IT IS SO ORDERED.
Dated:

August 19, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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