Armstrong v. Young et al

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/27/2012 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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BRADY K. ARMSTRONG,

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Plaintiff,

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vs.

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No. 2:12-cv-0123 GEB KJN P

D. YOUNG, et al.,

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Defendants.

FINDINGS AND RECOMMENDATIONS
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By an order filed February 22, 2012, plaintiff was ordered to provide the

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certification required on the application to proceed in forma pauperis within thirty days and was

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

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

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has not filed the properly completed in forma pauperis affidavit. 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 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 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.” Plaintiff is advised that
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failure to file objections within the specified time may waive the right to appeal the District

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

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DATED: March 27, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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arms0123.fifp

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