Turner v. Shepherd et al

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 06/24/11 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,

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Plaintiff,

No. 2:11-cv-0451 MCE JFM (PC)

vs.

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DIANE SHEPARD, et al.,

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Defendants.

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FINDINGS AND RECOMMENDATIONS
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By an order filed April 20, 2011, plaintiff was ordered to file an in forma pauperis

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affidavit within thirty days and was cautioned that failure to do so would result in a

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recommendation that this action be dismissed. The thirty day period has now expired, and

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plaintiff has not responded to the court’s order and has not filed an in forma pauperis affidavit or

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paid the appropriate filing fee. Accordingly, IT IS HEREBY RECOMMENDED that this action

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be dismissed without prejudice.

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These findings and recommendations are submitted to the United States District

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

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days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Any response to the objections shall be filed and served
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within fourteen days after service of the objections. Plaintiff is advised that failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: June 24, 2011.

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/014;turn0451.fifp

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