Armstrong v. Garcia, et al

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/1/11 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, 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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BRADY ARMSTRONG,

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Plaintiff,

No. 2: 11-cv-0965 GEB KJN P

vs.
SILVIA GARCIA, et al.,
Defendants.

FINDINGS AND RECOMMENDATIONS
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By an order filed April 21, 2011, plaintiff was ordered to file an in forma pauperis

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affidavit or pay the appropriate filing fee within thirty days, and plaintiff was cautioned that

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failure to do so would result in a recommendation that this action be dismissed. The thirty day

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period has now expired, and plaintiff has not responded to the court’s order and has not filed an

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in forma pauperis affidavit or paid the appropriate filing fee. Accordingly, IT IS HEREBY

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RECOMMENDED that this action 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 twenty-

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one 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.” Plaintiff is advised that failure to file objections within the
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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: June 1, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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arm965.fifp

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