Carrillo v. Virga

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/21/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; 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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GARY T. CARRILLO,

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Plaintiff,

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vs.

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No. 2:12-cv-1077 KJM DAD P

TIM V. VIRGA,

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Defendant.

FINDINGS AND RECOMMENDATIONS
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On May 9, 2012, the court ordered plaintiff to file a complaint and submit an

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application to proceed in forma pauperis or the filing fee in the amount of $350.00 within thirty

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days. Plaintiff was cautioned that failure to do so would result in a recommendation that this

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action be dismissed. The thirty day period has now expired, and plaintiff has not filed a

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complaint or submitted an application to proceed in forma pauperis or the filing fee.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed
without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
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: June 21, 2012.

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DAD:9
carr1077.noc

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