Martinez v. Babcock
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/6/2015 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MARIO G. MARTINEZ,
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Petitioner,
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No. 2:14-cv-00333 MCE DAD P
v.
FINDINGS AND RECOMMENDATIONS
RAFAEL ZUNIGA, Warden,
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Respondent.
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By an order filed November 12, 2014, petitioner was ordered to file an in forma pauperis
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affidavit or to pay the appropriate filing fee, within thirty days, or his application would be
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dismissed. The thirty day period has now expired, and petitioner has not responded to the court’s
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order, has not filed an in forma pauperis affidavit, and has not paid the 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, petitioner 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.” Petitioner 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: January 6, 2015
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DAD:10
mart0333.fpf.hab
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