Dupree v. Denney

Filing 5

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/26/2016 ORDERING the Clerk to assign a district judge to this action. IT IS RECOMMENDED that this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD JOSE DUPREE, JR.,

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No. 2:16-cv-1271 CKD P

Plaintiff,
v.

ORDER &

ANDREA DENNEY,

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FINDINGS AND RECOMMENDATIONS

Defendant.

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On July 26, 2016, plaintiff, a Three Strikes litigant, was ordered to pay the filing fee

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within fourteen days or face dismissal of this action. (ECF No. 4.) That period has now expired,

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and plaintiff has not responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a district judge to
this action.
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, plaintiff may file written objections

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with the court. Such a document should be captioned “Objections to Magistrate Judge's Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified
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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: August 26, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / dupr1271.1915(g)

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