Barger v. Trust Office

Filing 21

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/12/15 recommending that this action be dismissed without prejudice. Referred to Judge John A. Mendez. 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 GARY DALE BARGER, 12 No. 2:15-cv-0088 JAM KJN P Plaintiff, 13 v. 14 TRUST OFFICE, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 17 By an order filed March 24, 2015, plaintiff was ordered to file an in forma pauperis 18 affidavit within thirty days and was cautioned that failure to do so would result in a 19 recommendation that this action be dismissed. The thirty day period has now expired, and 20 plaintiff has neither responded to the court’s order nor filed an in forma pauperis affidavit. 21 22 Accordingly, IT IS HEREBY 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: May 12, 2015 4 5 /barg0088.fifp 6 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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