Tomlinson v. Thomas et al

Filing 6

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/16/2015 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; 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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BRIAN K. TOMLINSON,

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Plaintiff,

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No. 2:15-cv-00016 KJM AC P

v.

FINDINGS AND RECOMMENDATIONS

LINDA THOMAS, et al.,

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Defendants.

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By an order filed January 21, 2015, plaintiff was ordered to file an in forma pauperis

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affidavit or pay the appropriate filing fees within thirty days and was cautioned that failure to do

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so would result in a recommendation that this action be dismissed. ECF No. 3. The thirty day

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period has now expired, and plaintiff has not responded to the court’s order and has not filed an in

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forma pauperis affidavit or paid the appropriate filing fee. Accordingly, IT IS HEREBY

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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, plaintiff may file written objections

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with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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DATED: April 16, 2015

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