Shields v. Phelps et al

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/19/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections due within 21 days. (Yin, K)

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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 REMON SHIELDS, 11 Plaintiff, 12 13 No. CIV S-12-0126 KJM CKD P vs. S.M. PHELPS, et al., 14 Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 On February 17, 2012, plaintiff was ordered to pay the filing fee for this action 17 within 21 days and was cautioned that failure to do so would result in a recommendation that this 18 action be dismissed. The 21 day period has expired and plaintiff has not paid the filing fee. 19 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 20 These findings and recommendations are submitted to the United States District 21 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 22 one days after being served with these findings and recommendations, plaintiff may file written 23 objections with the court. Such a document should be captioned “Objections to Magistrate 24 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 25 ///// 26 ///// 1 1 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 2 Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: March 19, 2012 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 1 shie0126.fee 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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