Wilson v. Lassiter et al

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/23/15 recommending that this action be dismissed without prejudice for plaintiff's failure to pay the filing fee. Referred to Judge William B. Shubb; 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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DAVID W. WILSON,

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No. 2:14-cv-1747 WBS KJN P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

K.L. LASSITER, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On September 23, 2014, the Honorable William B. Shubb denied plaintiff’s

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application to proceed in forma pauperis and directed plaintiff to pay the filing fee within thirty

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days. (ECF No. 7.) On March 9, 2015, Judge Shubb denied plaintiff’s motion for reconsideration

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and ordered plaintiff to pay the filing fee within thirty days. (ECF No. 11.)

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Thirty days passed from March 9, 2015 and plaintiff did not pay the filing fee.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for

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plaintiff’s failure to pay the filing fee.

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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, plaintiff may file written objections

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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.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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

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Dated: April 23, 2015

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Wil1747.fr

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