Weaver v. Gillen

Filing 6

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/22/11 recommending that this action be dismissed without prejudice. Referred to Judge John A. Mendez. 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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WILLIE WEAVER,
Plaintiff,

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vs.

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No. CIV S-11-2126 JAM GGH P

GUY GILLEN,
Defendants.

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FINDINGS AND RECOMMENDATIONS
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By an order filed September 20, 2011, plaintiff was ordered to pay the appropriate

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filing fee within twenty-one days and was cautioned that failure to do so would result in a

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recommendation that this action be dismissed, as on at least three prior occasions lawsuits filed

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by plaintiff in this district were dismissed on the grounds that they were frivolous, or malicious

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or failed to state a claim upon which relief may be granted. See Doc. 5.1 The twenty-one day

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period has now expired, and plaintiff has not responded to the court’s order or paid the

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appropriate filing fee.

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///

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Plaintiff never filed an application to proceed in forma pauperis in the instant action,
just his complaint.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed

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without prejudice.
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, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections

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shall be served and filed within fourteen days after service of the objections. The parties are

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advised that failure to file objections within the specified time may waive the right to appeal the

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District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: November 22, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB
weav2126.fifp

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