Hart v. Kloph et al

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 03/04/14 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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLETE REO HART,

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No. 2:14-cv-0101 MCE CKD P

Plaintiff,

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v.

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J. KLOPH, et al.,

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FINDINGS AND RECOMMENDATIONS

Defendants.

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By an order filed January 29, 2014, plaintiff was determined to be a “three strikes” litigant

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pursuant to 28 U.S. C. § 1915(g). He was ordered to pay the $400 filing fee for this action within

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thirty days and 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 paid the

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appropriate filing fee.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice.

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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 fourteen days

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

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: March 4, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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