Padilla v. Walker

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 1/13/2009 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Morrison C. England, Jr., Objections to F&R due w/in 20 days. (Yin, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. J. WALKER, et al., Defendants. / By an order filed October 30, 2008, plaintiff was ordered to file an in forma pauperis affidavit within thirty days and was cautioned that failure to do so would result in a recommendation that this action be dismissed. The thirty day period has now expired, and plaintiff has not responded to the court's order and has not filed an in forma pauperis affidavit Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. 636(b)(l). Within twenty days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the 1 FINDINGS AND RECOMMENDATIONS LUIS A. PADILLA, Plaintiff, No. 2:08-cv-1357-MCE-JFM (PC) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: January 13, 2009. / 0 0 1 ; padi1357.fff 2

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