Williams v. Logan et al

Filing 22

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/19/17 recommending that this action be dismissed without prejudice for failure to comply with a court order and prosecute this case. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LANCE WILLIAMS,

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No. 2:15-cv-2084 MCE AC P

Plaintiff,

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v.

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LOGAN, et al.,

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FINDINGS AND RECOMMENDATIONS

Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On September 28, 2016, he was given leave to proceed in forma pauperis. ECF

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No. 8. Defendants moved to revoke plaintiff’s IFP status on December 19, 2016 (ECF No. 15)

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and, on April 7, 2017, this court recommended that defendants’ motion be granted. ECF No. 18.

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Those recommendations were adopted on June 20, 2017 and plaintiff was directed to submit the

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filing fee within twenty-one days of that order. ECF No. 21. The deadline has now passed and

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plaintiff has failed to comply with the court’s order.

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It is therefore RECOMMENDED that this action be dismissed without prejudice for
failure to comply with a court order and prosecute this case.

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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. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: July 19, 2017

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