Smith-Lovejoy v. Smith's Food and Drug Stores

Filing 7

FINDINGS and RECOMMENDATIONS recommending that this action be dismissed without prejudice signed by Magistrate Judge John F. Moulds on 2/6/12: F&R referred to Judge Garland E. Burrell, Jr. Objections to F&R due within fourteen days. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRE SMITH-LOVEJOY,
Plaintiff,

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No. 2:11-cv-2878-GEB-JFM (PS)

vs.
SMITH’S FOOD & DRUG STORES,
Defendants.

FINDINGS AND RECOMMENDATIONS
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By an order filed December 23, 2011, plaintiff was ordered to file a completed in

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forma pauperis affidavit or pay the appropriate filing fees within twenty days and was cautioned

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

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

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a completed in forma pauperis affidavit or paid the appropriate filing fee.

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Accordingly, 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.” 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: February 6, 2012.

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/014;smit2878.fifp

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