Wilson v. California State Prison Corcoran et al
Filing
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FINDINGS and RECOMMENDATIONS That (1) This Case be Dismissed for Plaintiff's Failure to Pay Filing Fee (2) All Pending Motions be Denied as Moot, signed by Magistrate Judge Jeremy D. Peterson on 1/4/19. Objections to F&R Due Within Fourteen Days. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID W. WILSON,
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Plaintiff,
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v.
CALIFORNIA STATE PRISON
CORCORAN, et al.,
Defendants.
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Case No. 1:18-cv-00424-DAD-JDP
FINDINGS AND RECOMMENDATIONS
THAT
(1) THIS CASE BE DISMISSED FOR
PLAINTIFF’S FAILURE TO PAY
FILING FEE
(2) ALL PENDING MOTIONS BE DENIED
AS MOOT
ECF Nos. 13, 15, 17, 18, 22.
OBJECTIONS, IF ANY, DUE WITHIN
FOURTEEN DAYS
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Plaintiff David W. Wilson is a state prisoner proceeding pro se in this civil rights action
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under 42 U.S.C. § 1983. On July 18, 2018, the court denied plaintiff’s motion to proceed in
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forma pauperis and ordered him to pay the $400 filing fee in full within fourteen days. ECF No.
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10. Plaintiff failed to pay the filing fee within the allotted time. Accordingly, the undersigned
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recommends that the court dismiss this case without prejudice and deny all pending motions as
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moot.
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The undersigned submits the findings and recommendations to the district judge under 28
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U.S.C. § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District
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Court, Eastern District of California. Within fourteen days of the service of the findings and
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recommendations, plaintiff may file written objections to the findings and recommendations with
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the court and serve a copy on all parties. That document should be captioned “Objections to
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Magistrate Judge’s Findings and Recommendations.” The district judge will review the findings
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and recommendations under 28 U.S.C. § 636(b)(1)(C). Plaintiff’s failure to file objections within
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the specified time may result in the waiver of rights on appeal. See Wilkerson v. Wheeler, 772
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F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
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Dated:
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January 4, 2019
UNITED STATES MAGISTRATE JUDGE
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