O'Neal v. Amah et al

Filing 39

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/10/16 recommending that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. 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 GLENN DAVID O’NEAL, 12 Plaintiff, 13 14 15 v. No. 2:14-cv-1597 GEB KJN P FINDINGS AND RECOMMENDATIONS CHAPLAIN AMAH, et al., Defendants. 16 17 By an order filed April 26, 2016, plaintiff’s in forma pauperis status was revoked, and 18 plaintiff was ordered to pay the $400.00 filing fee within thirty days. (ECF No. 38.) Plaintiff was 19 cautioned that failure to pay the filing fee would result in a recommendation that this action be 20 dismissed. (ECF No. 37 at 6.) Thirty days have now passed, and plaintiff has not responded to 21 the court’s order and has not paid the appropriate filing fee. Accordingly, IT IS HEREBY 22 RECOMMENDED that this action be dismissed without prejudice. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 28 objections shall be filed and served within fourteen days after service of the objections. The 1 1 parties are advised that failure to file objections within the specified time may waive the right to 2 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: June 10, 2016 4 5 6 onea1597.fpf 7 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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