Tanksley v. Sutter General Emergency Room et al

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/18/15 RECOMMENDING that this action be dismissed without prejudice re 1 Complaint filed by Moody Woodrow Tanksley. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days after being served with these findinsg and recommendations. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MOODY TANKSLEY,

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No. 2:15-cv-0386 TLN CKD PS

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

SUTTER GENERAL EMERGENCY
ROOM, et al.,
Defendants.

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By order filed February 26, 2015, plaintiff was granted fourteen days in which to submit

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either a completed application and affidavit in support of a request to proceed in forma pauperis

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or the appropriate filing fees to the Clerk of Court. Plaintiff was cautioned that failure to comply

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with the order would result in a recommendation that the action be dismissed. Plaintiff has not

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filed an in forma pauperis application, has not paid the requisite fees and has not otherwise

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responded to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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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, any party may file written
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objections 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.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: March 18, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 tanksley.ftc

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