Carroll v. State of California et al

Filing 8

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/21/2016 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TREMAYNE DEON CARROLL, 12 13 14 Plaintiff, v. No. 2:16-cv-1759 TLN KJN P FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 By an order filed August 11, 2016, plaintiff was ordered to file a completed in forma 18 pauperis affidavit and a certified copy of his prison trust account statement, and was cautioned 19 that failure to do so would result in a recommendation that this action be dismissed. The thirty 20 day period has now expired, and plaintiff has not responded to the court’s order and has not filed 21 the required documents. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, any party may file written 27 objections with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 1 1 objections shall be filed and served within fourteen days after service of the objections. The 2 parties are advised that failure to file objections within the specified time may waive the right to 3 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: September 21, 2016 5 6 7 8 Carr1759.fifp 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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