Mitchell v. Sacramento County Behavioral Health

Filing 4

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/22/2015 RECOMMENDING that this action be dismissed without prejudice; Referred to Judge Kimberly J. Mueller; Objections due within 21 days after being served with these F & R's. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HURSEL FLOYD MITCHELL,

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No. 2:15-cv-00744 KJM AC (PS)

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

SACRAMENTO COUNTY
BEHAVIORAL HEALTH,
Defendant.

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By an order filed April 29, 2015, plaintiff was ordered to file a second in forma pauperis

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affidavit AND/OR pay the appropriate filing fees, within twenty (20) days, and was cautioned

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that failure to do so would result in a recommendation that this action be dismissed without

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prejudice. ECF No. 3. The twenty day period has now expired, and plaintiff has not responded to

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the court’s order, has not filed another in forma pauperis affidavit, and has not paid the

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appropriate filing fee.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice.
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 twenty one (21)

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days 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.” Any reply to the objections

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shall be served and filed within fourteen days after service of the objections. The parties are

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

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

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DATED: June 22, 2015

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