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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDRE SMITH-LOVEJOY, Plaintiff, 11 12 13 14 No. 2:11-cv-2878-GEB-JFM (PS) vs. SMITH’S FOOD & DRUG STORES, Defendants. FINDINGS AND RECOMMENDATIONS / 15 16 By an order filed December 23, 2011, plaintiff was ordered to file a completed in 17 forma pauperis affidavit or pay the appropriate filing fees within twenty days and was cautioned 18 that failure to do so would result in a recommendation that this action be dismissed. The twenty 19 day period has now expired, and plaintiff has not responded to the court’s order and has not filed 20 a completed in forma pauperis affidavit or paid the appropriate filing fee. 21 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 25 days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 1 Findings and Recommendations.” Any response to the objections shall be filed and served 2 within fourteen days after service of the objections. Plaintiff is advised that failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. 4 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: February 6, 2012. 6 7 8 9 /014;smit2878.fifp 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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