Marquez v. Gillim et al

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/29/13 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JULIAN MARQUEZ, 12 13 14 No. 2:13-cv-1780 MCE DAD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS BRANDY GILLIM, 15 Defendants. 16 17 By order filed September 17, 2013, plaintiff was directed to file an in forma pauperis 18 affidavit or pay the appropriate filing fees within thirty days and was cautioned that failure to do 19 so would result in a recommendation that this action be dismissed. The thirty day period has now 20 expired, and plaintiff has not responded to the court’s order and has not filed an in forma pauperis 21 affidavit or paid the appropriate filing fee. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, any party may file written 27 objections with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 1 1 objections shall be filed and served within fourteen days after service of the objections. The 2 parties are advised that failure to file objections within the specified time may waive the right to 3 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: October 29, 2013 5 6 7 DAD:9 marq1780.fifp 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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