McClain v. Strand et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/14/15 RECOMMENDING that Plaintiff's 2 motion to proceed in forma pauperis be denied; and this action be dismissed without prejudice. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Matter referred to District Judge Kimberly J. Mueller. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DONELLE McCLAIN, on behalf of
IMHOTEP SALAT
Plaintiff,
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No. 2:15-cv-02009 KJM CKD PS
FINDINGS AND RECOMMENDATIONS
v.
MARY STRAND, et al.,
Defendants.
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By order filed September 25, 2015, plaintiff was granted fourteen days in which to submit
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the appropriate fees to the Clerk of Court. Plaintiff was cautioned that failure to pay the filing
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and general administrative fees in the amount of $400 would result in a recommendation that the
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action be dismissed. Plaintiff has not paid the requisite fees and has not otherwise responded to
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the court’s order.
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Accordingly, IT IS HEREBY RECOMMENDED that:
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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) be denied; and
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2. 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: October 14, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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