Piper v. Harveys Casino et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/26/16 Recommending that Plaintiff's Motion to proceed in forma pauperis be denied and this Action be dismissed without prejudice re 1 Complaint filed by Douglas Piper. These Findings and Recommendations are submitted to U.S. District Judge Garland E. Burrell, Jr. Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)

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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 DOUGLAS PIPER, 12 13 14 No. 2:16-cv-2374 GEB CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS HARVEYS CASINO, et al., 15 Defendants. 16 17 By order filed October 6, 2016, plaintiff was granted fourteen days in which to submit the 18 appropriate fees to the Clerk of Court or file a completed in forma pauperis application. Plaintiff 19 was cautioned that failure to comply with the order would result in a recommendation that the 20 action be dismissed. Plaintiff has not paid the requisite fees and has not otherwise responded to 21 the court’s order. 22 Accordingly, IT IS HEREBY RECOMMENDED that: 23 1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) be denied; and 24 2. This action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 4 Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: October 26, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 4 piper2374.ftc 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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