Hardney v. Virga

Filing 6

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/11/13 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 21 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN FREDERICK HARDNY,

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Petitioner,

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No. 2:13-cv-1509 TLN AC P

v.

FINDINGS AND RECOMMENDATIONS

T. VIRGA,

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Respondent.

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By an order filed July 31, 2013 petitioner was ordered to file an in forma pauperis

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affidavit or to pay the required $5.00 filing fee within thirty days and was cautioned that failure to

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comply with the order would result in a recommendation that this action be dismissed. The thirty

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day period has now expired, and petitioner has not responded to the court’s order and has neither

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filed an in forma pauperis affidavit nor paid the appropriate filing fee. Accordingly, IT IS

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HEREBY RECOMMENDED that this action be dismissed without prejudice.
These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days

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after being served with these findings and recommendations, petitioner may file written

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objections. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Petitioner is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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DATED: September 11, 2013

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AC:009/dd
hard1509.fifp

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