Wilson v. Smith et al

Filing 9

ORDER ; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/28/16 ORDERING that 8 Motion to Proceed IFP is DENIED; It is RECOMMENDED that this action be dismissed without prejudice referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID W. WILSON,

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No. 2:16-cv-2091 MCE CKD P

Plaintiff,
v.

ORDER &

MICHAEL C. SMITH, et al.,

FINDINGS AND RECOMMENDATIONS

Defendants.

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On October 7, 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. 7.) That period has now expired,

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and plaintiff has filed a second motion to proceed in forma pauperis, but has not paid the filing

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fee. Plaintiff’s motion will be denied for the reasons set forth in the October 7, 2016 order.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis (ECF No. 8) is denied.
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: October 28, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / wils2091.1915(g)

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