Benyamini v Mayfield, et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/7/2011 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge William B. Shubb; Objections due w/in 14 days. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT BENYAMINI,
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Plaintiff,
No. CIV S-11-0659 WBS KJN (TEMP) P
vs.
J. MAYFIELD, et al.,
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Defendants.
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FINDINGS AND RECOMMENDATIONS
/
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By an order filed March 22, 2011, plaintiff was ordered to file a completed
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application to proceed in forma pauperis (“IFP”) or pay the filing fee within thirty days and was
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cautioned that failure to do so would result in a recommendation that this action be dismissed.
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Plaintiff was later given an extension of time to comply with the March 22, 2011 order. Plaintiff
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has not complied with the terms of the March 22, 2011 order, and the time for compliance has
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expired. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
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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. Such a document should be captioned “Objections to Magistrate Judge’s Findings
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and Recommendations.” Plaintiff is advised that failure to file objections within the specified
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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153
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(9th Cir. 1991).
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DATED: June 7, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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beny0659.fifp
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