Dupree v. Johnson et al

Filing 10

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/14/2012 RECOMMENDING that this action be dismissed with 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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RICHARD JOSE DUPREE, JR.

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Plaintiff,

No. 2:12-cv-1295 KJM GGH P

vs.
EARVIN (MAGIC) JOHNSON, et al.

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Defendants.

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FINDINGS & RECOMMENDATIONS
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By order filed September 25, 2012, the court directed plaintiff, within twenty-

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eight days, either to show cause why he should not be barred from proceed in forma pauperis,

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pursuant to 28 U.S.C. § 1915(g), or to pay the filing fee. The twenty-eight day period has now

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expired, and plaintiff has not shown cause, paid the filing fee, or otherwise responded to the

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court’s order.

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For the reasons given in the September 25, 2012, order, IT IS HEREBY

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RECOMMENDED that this action be dismissed with prejudice. See Local Rule 110; Fed. R.

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Civ. P. 41(b).

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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 Title 28 U.S.C. § 636(b)(l). Within

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fourteen (14) days after being served with these findings and recommendations, plaintiff may file
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written objections with the court. The document should be captioned “Objections to Magistrate

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Judge’s Findings and Recommendations.” Any response to the objections shall be filed and

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served 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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DATED: November 14, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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dupr1295.fsc
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