Ortega v. Unknown

Filing 32

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/19/2013 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due within 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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LAZARUS D. ORTEGA,

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Plaintiff,

No. 2:11-cv-2735 GEB CKD P

Defendant.

FINDINGS AND RECOMMENDATIONS

vs.
HEITKAMP,

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Plaintiff is a California prisoner proceeding pro se with an action for violation of

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civil rights under 42 U.S.C. § 1983. On January 23, 2013, the court ordered plaintiff to pay the

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$350 filing fee for this action within 14 days and warned plaintiff that failure to do so would

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result in a recommendation that this action be dismissed without prejudice. The 14 day period

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has now expired and plaintiff has not paid the filing fee.

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In accordance with the above, IT IS HEREBY RECOMMENDED that this action
be dismissed 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, 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: February 19, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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orte2735.fnrs

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